liiiii-/ 


ELECTION  LAWS 
OF  HAWAII 


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ELECTION  LAWS 


OF 


HAWAII 


1910 


HONOLULU: 

HAWAIIAN  GAZETTE  CO..  LTD. 

1910 


l"^ 


II 


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preltace:. 


The  object  of  this  compilation  is  to  bring  together  under  one 
cover  all  laws  as  they  now  stand  governing  territorial,  munici- 
pal and  county  elections,  together  with  references  to  all  final 
adjudications  of  the  courts  bearing  upon  such  laws.  The  com- 
pilation is  intended  mainly  for  the  use  of  registration  boards 
and  election  inspectors,  also  for  the  use  of  candidates  and 
voters.  For  this  reason  the  order  of  the  sections  of  the  Organic 
Act  included  in  the  compilation  has  been  rearranged,  begin- 
ning with  citizenship,  qualifications  and  disqualifications  of 
voters — matters  of  inquiry  which  naturally  precede  an  elec- 
tion ;  following  with  the  provisions  as  to  the  manner  of  holding 
elections,  who  are  to  be  elected,  i.  e.,  delegate,  senators  and 
representatives ;  and  with  the  disqualifications  of  those  seek- 
ing to  be  elected,  together  with  the  exemptions  of  electors  on 
election  day  from  military  duty  and  arrest ;  next  are  inserted 
provisions  respecting  the  Senate,  the  number  of  members,  sena- 
torial districts,  apportionment  of  senators,  method  of  voting 
for  senators  and  their  qualifications ;  a  similar  arrangement 
follows  as  to  representatives;  each  in  turn  is  followed  by  the 
general  provisions  as  to  the  boundaries  of  election  districts 
and  precincts,  offences  against  election  laws,  etc. 

No  rearrangement  has  been  made  in  the  order  of  sections 
making  up  chapters  7,  8  and  9  of  the  Revised  Laws,  1905,  nor  of 
the  various  sections  of  the  municipal  and  county  laws. 

No  difficulty,  it  is  hoped,  will  be  experienced  in  looking  up 
particular  sections  of  the  Organic  Act  if  the  arrangement  above 
indicated  is  borne  in  mind. 

The  laws  set  out  in  this  pamphlet  are  the  general  election 
laws  which  govern  not  only  the  election  of  delegate,  senators 
and  representatives,  but  that  of  county  and  municipal  officers 
also. 

The  following  abbreviations  have  been  used: 

R.  S.  Revised  Statutes  of  the  United  States. 

Stat,  at  L.     Statutes  at  Large  of  the  United  States. 
Org.  Act.       Organic  Act  of  Hawaii. 

R.  L.  Revised  Laws  of  Hawaii,  1905. 

C.  L.  Civil  Laws  of  1897.     (Ballou's  compilation.) 

S.  L.  Session  Laws. 

.  c.  Chapter, 

s.  Section. 

p.  Pages  in  this  compilation. 

E.  A.  MOTT-SMITH, 

Secretary  of  Hawaii. 

Honolulu,  July  15,  1910. 


365849 


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PROVISIONS   OF   THE    ORGANIC    ACT. 


Sec.  4.  Citizenship.  That  all  persons  who  were  citizens  of 
the  Kepublic  of  Hawaii  on  August  twelfth,  eighteen  hundred 
and  ninety-eight,  are  hereby  declared  to  be  citizens  of  the 
United  States  and  citizens  of  the  Territory  of  Hawaii. 

And  all  citizens  of  the  United  States  resident  in  the  Hawaiian 
Islands  who  were  resident  there  on  or  since  August  twelfth, 
eighteen  hundred  and  ninety-eight,  and  all  the  citizens  of  the 
United  States  who  shall  hereafter  reside  in  the  Territory  of 
Hawaii  for  one  year  shall  be  citizens  of  the  Territory  of  Hawaii. 

Under  this  provision  all  persons  born  or  naturnlized  in  Hawaii  prior  to  Augrust 
12,  1898,  became  on  that  date  citizens  of  the  United  States  and  of  the  Territory 
of  Hawaii.  .\1I  persons  Ijorn  or  naturalized  in  the  Hawaiian  Islands  were  citizens 
of  the  Republic  of  Hawaii.  Const.  Hawaii,  1894,  Art.  17,  s.  1.  (C.  L.  1897,  p.  6.) 
All  persons  born  or  naturalized  in  the  United  States  and  subject  to  its  jurisdiction 
are  citizens  of  the  U.  S. :  s.  1,  14th  Amendment  to  the  U.  S.  Constitution.  Chinese 
who  were  citizens  of  Hawaii  071  .Vn^.  12,  1898,  either  by  birth  or  by  naturalization 
whether  under  the  nioniirchv  or  the  republic,  became  American  citizens  under  this  s. : 
23  Ops.  509:  U.  S.  V.  Ching  Tai  Sai,  1  Estee,  118.  Between  1842  and  1892,  731 
Chinese  were  naturnlized.  The  records  of  such  naturalizations  are  now  in  the 
archives  of  Hawaii.  Since  1892  no  Chinese  have  been  naturalized.  Possibly  one  or 
two  Japanese  were  naturalized  prior  to  1892;  none  have  been  naturalized  since 
that  date.  A  person  born  in  the  U.  S.  of  parents  of  Chinese  descent,  subjects  of 
the  Emperor  of  China,  but  having  a  permanent  domicile  in  the  U.  S.  and  there  car- 
rying on  business  and  not  being  engaged  in  any  diplomatic  or  official  capacity, 
becomes  at  the  time  of  his  birth  a  citizen  of  the  U.  S.  bv  virtue  of  s.  1,  14th 
Amendment  Const.  U.  S.  See  U.  S.  V.  Wong  Kim  Ark,  169  U.  S.  649.  Under  the 
provisions  of  s.  2169,  R.  S.,  only  aliens  who  are  white  persons  or  of  African  descent 
or  nativity  may  be  naturalized,  thus  excluding  Chinese  and  Japanese.  See  5  Fed. 
Stat.  Ann.,  pp.  207  and  208.  A  judgment  of  naturalization  of  either  a  Japanese 
or  Chinese  is  therefore  void.  In  re  Gee  Hop,  71  Fed.  274.;  In  re  Tamashita,  30 
Wash.  234;  In  re  Katzunuma,  Ops.  Atty.  Gen.  Haw.,  Sept.  28,  1907.  From  April 
26,  1905,  until  June  30,  1910,  the  Secretary  of  Hawaii  was  authorized  to  issue 
certificates  of  Hawaiian  birth  to  persons  born  in  the  Hawaiian  Islands,  which  certi- 
ficates are  prima  facie  evidence  of  the  facts  therein  stated  before  an  election  or 
registration  board.  Act.  64,  S.  L.  1905,  amended  by  Act  79,  S.  L.  1907,  repealed 
by  Act  15.  S.  L.  1909.  In  Territory  v.  Morita  Kaizo,  17  Haw.  295,  it  was  held 
that  the  Circuit  Courts  of  Hawaii  had  under  the  provisions  of  the  Rev.  Stat,  of  the 
U.  S.  and  the  Organic  Act  the  power  to  naturalize  aliens.  On  appeal  to  the  U.  S. 
Supreme  Court  this  point  was  raised,  but  not  decided,  the  case  being  dismissed  on 
jurisdictional  grounds.  Morita  Kaizo  v.  Henry,  211  U.  S.  146.  The  question  as  to 
the  power  of  Circuit  Courts  to  naturalize  has  been  removed  bv  the  act  of  June  29, 
1906.  34  Stat,  at  L.  596,  and  by  s.  9  of  the  act  of  May  27,  1910,  ratifying  all 
naturalizations  of  the  Circuit  Courts  of  Hawaii  made  prior  to  the  act  of  June  29, 
1906.  See  note  to  next  s.  For  powers  of  board  of  registration  respecting  the  exam- 
ination of  persons  desiring  to  register  as  voters,  see  s.  40,  R.  L.,  p.  16,  and  88.  43 
to  49,  R.  L.,  pp.   17,  18. 

Sec.  100.  Naturalization.  That  for  the  purposes  of  natu- 
ralization under  the  laws  of  the  United  States  residence  in  the 
Hawaiian  Islands  prior  to  the  taking  effect  of  this  Act  shall 
be  deemed  eciuivalent  to  residence  in  the  United  States  and 
in  the  Territory  of  Hawaii,  and  the  requirement  of  a  previous 
declaration  of  intention  to  become  a  citizen  of  the  United 
States  and  to  renounce  former  allegiance  shall  not  apply  to 
persons  who  have  resided  in  said  islands  at  least  five  years 
prior  to  the  taking  effect  of  this  Act;  but  all  other  provisions 
of  the  laws  of  the  United  States  relating  to  naturalization  shall, 
so  far  as  applicable,  apply  to  persons  in  the  said  islands. 

All  records  relating  to  naturalization,  all  declarations  of  in- 
tention to  become  citizens  of  the  United  States,  and  all  certi- 
ficates of  naturalization  filed,  recorded,  or  issued  prior  to  the 


O  ORGANIC    ACT. 

taking  effect  of  the  naturalization  Act  of  June  twenty-ninth, 
nineteen  hundred  and  six,  in  and  from  any  circuit  court  of  the 
Territory  of  Hawaii,  shall  for  all  purposes  be  deemed  to  be  and 
to  have  been  made,  filed,  recorded,  or  issued  by  a  court  with 
jurisdiction  to  naturalize  aliens,  but  shall  not  be  by  this  Act 
further  validated  or  legalized. 

This  s.  is  griven  as  amended  by  s.  9  of  the  Act  of  May  27,  1910.  The  first 
paragraph  of  the  s.,  being  the  s.  as  it  originally  stood  before  amendment,  has  been 
held  to  have  been  repealed  by  implication  by  the  Act  of  June  29,  1906,  34  Stat,  at 
L.,  p.  596,  entitled  "An  Act  to  Establish  a  Bureau  of  Immigration  and  Naturaliza- 
tion and  to  Provide  for  a  Uniform  Rule  for  the  Naturalization  of  Aliens  throusrhout 
the  United  States."  See  In  re  Bodiek,  162  Fed  469.  The  last  paragraph  of  the  s. 
removes  the  doubt  as  to  the  legality  of  naturalizations  by  the  Circuit  Courts  of 
Hawaii  prior  to  the  taking  effect  of  the  Act  of  June  29,  i906,  above  referred  to. 
See  Territory  v.  Morita  Eaizo,  17  Haw.  295:  same  v.  same,  18  Haw.  28,  658. 
Kaizo  V.  Henry,  211  U.  S.  146. 

Sec.  60.  Qualifications  of  Voters  for  Representatives.  That 
in  order  to  be  qualified  to  vote  for  representatives  a  person 
shall : 

First :     Be  a  male  citizen  of  the  United  States. 

Second :  Have  resided  in  the  Territory  not  less  than  one 
year  preceding  and  in  the  representative  district  in  which  he 
offers  to  register  not  less  than  three  months  immediately  pre- 
ceding the  time  at  which  he  offers  to  register. 

Third :     Have  attained  the  age  of  twenty-one  years. 

Fourth:  Prior  to  each  regular  election,  during  the  time 
prescribed  by  law  for  registration,  have  caused  his  name  to  be 
entered  on  the  register  of  voters  for  representatives  for  his 
district. 

Fifth:  Be  able  to  speak,  read,  and  write  the  English  or 
Hawaiian  languages. 

This  applies  to  the  first  Territorial  election  as  well  as  to  subsequent  elections: 
In  re  Loucks,  13  H.  17:  residence  in  the  Territory  for  a  year  means  in  the  Hawaiian 
Islands  and  is  not  limited  to  the  time  subsequent  to  the  establishment  of  the  Ter- 
ritorial government:  id.;  a  person  who  lives  on  a  steamer  engaged  in  inter-island 
trade  does  not  thereby  become  resident  of  a  particular  precinct  though  the  steamer 
docks  in  such  precinrt  and  that  is  her  home  port :  In  re  Irving,  13  H.  22.  This 
s.  is  referred  to  also  in  14  H.  146:  15  H.  266.  For  other  qualifications  of  voters 
see  Org.  Act,  ss.  4.  18,  62,  63  and  note  to  s.  100;  also  see  general  election  laws, 
s.  30,  p.  13:  ss.  42  to  49,  pp.  16  to  18:  ss.  50  to  53,  p.  18;  s.  55,  p.  19;  ss.  57 
and  58,  p.  19 ;  also  Act  78,  S.  L.  1907,  appearing  on  p.  20. 

Sec.  62.  Qualifications  of  Voters  for  Senators  and  in  all 
other  Elections.  That  in  order  to  be  oualified  to  vote  for 
senators  and  for  voting  in  all  other  elections  in  the  Territory 
of  HaAvaii  a  person  must  possess  all  the  qualifications  and  be 
subject  to  all  the  conditions  required  by  this  Act  of  voters  for 
representatives. 

Elections  under  county  act  and  under  city  and  county  act  are  some  of  the 
"other  elections"  referred  to  in  this  section:  in  such  cases  the  registration  list  for 
the  last  previous  general  election  should  be  used;  Fairchild  v.  Smith,  15  H.  265; 
see  also  Emmeluth  v.  Supervisors.  19  H.  171:  also  Act  39,  c.  10,  s.  31.  S.  L.  1905; 
and  c.  10,  Act  118,  S.  L.  1907;  s.  42,  Act  118,  S.  L.  1907,  was  held  void  in 
Emmeluth  v.    Supervisors,   supra. 

Sec.  18.  Disqualification:  voters:  office  holders.  No  idiot 
or  insane  person,  and  no  person  Avho  shall  be  expelled  from 
the  legislature  for  giving  or  receiving  bribes  or  being  accessory 
thereto,  and  no  person  who,  in  due  course  of  law,  shall  have 
been  convicted  of  any  criminal  offense  punishable  by  imprison- 


ORGANIC    ACT.  / 

ment,  whether  with  or  without  hard  labor,  for  a  term  exceed- 
ing one  year,  whether  with  or  without  fine,  shall  register  to 
vote  or  shall  vote  or  hold  any  office,  in,  or  under,  or  by  author- 
ity of,  the  government,  unless  the  person  so  convicted  shall 
have  been  pardoned  and  restored  to  his  civil  rights. 

See  ss.  49,  63,  107-112,  R.  L.,  pp.  18,  22,  32-35,  for  penalties  for  offenses 
apainst  election  laws;  also  see  Kanealii  v.  Hardy,  17  H.  18;  Willis  v.  Kanealii, 
17  H.  243;   Brown  v.  laukea,   18  H.   140. 

Sec.  63.  Disqualification:  Army,  Navy.  That  no  person 
shall  be  allowed  to  vote  who  is  in  the  Territory  by  reason  of 
being  in  the  Army  or  Navy  or  by  reason  of  being  attached  to 
troops  in  the  service  of  the  United  States. 

Cf.  R.  S.  8.  1860,   Subd.  3. 

See.  12.  Legislature.  That  the  legislature  of  the  Territory 
of  Hawaii  shall  consist  of  two  houses,  styled,  respectively,  the 
senate  and  house  of  representatives,  which  shall  organize  and 
sit  separately,  except  as  otherwise  herein  provided. 

The  two  houses  shall  be  styled  "The  Legislature  of  the  Ter- 
ritory of  Hawaii. ' ' 

Sec.  13.  Legislators.  That  no  person  shall  sit  as  a  senator 
or  representative  in  the  legislature  unless  elected  under  and  in 
conformity  with  this  Act. 

Sec.  14.  General  Elections.  That  a  general  election  shall 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, nineteen  hundred,  and  every  second  year  thereafter:  Pro- 
vided, hoicever,  that  the  governor  may,  in  his  discretion,  on 
thirty  days'  notice,  order  a  special  election  beforo^he  first  gen- 
eral election,  if,  in  his  opinion,  the  public  interests  shall  require 
a  special  session  of  the  legislature. 

Referred  to  in  Fairchlld  v.  Smith,  15  H,  266; 

For  election  of  delegate  see  below  for  s.  85  of  the  Org.  Act  as  amended  by 
act  of  June  28,  1906,  34  Stat,  at  L.  550. 

For  election  of  county  officers  see  p.  35  for  chapters  10  and  11  of  act  39, 
S.  L.  1905,  as  amended  by  Act  54,  S.  L.  1905,  sec.  3.  For  election  of  city  and 
county  officers  see  p.  38  for  chapters  10  and  11  of  Act  118,  S.  L.  1907. 

For  filling  vacancies  among  legislators  see  p.  9  for  s.  31,  and  p.  10  for  s.  37, 
Org.  Act. 

Under  the  provisions  of  Act  119,  S.  L.  1907,  no  liquor  can  be  sold  during 
\oting  hours,   except  at  a  club,  hotel  or  restaurant. 

Sec.  15.  Each  House  Judge  of  Elections.  That  each  house 
shall  be  the  judge  of  the  elections,  returns,  and  qualifications 
of  its  own  members. 

This  prevents  the  secretary  of  the  Territory  and  the  courts  from  passing  on 
the  eligibility  of  a  candidate  for  the  legislature  except  when  it  is  clearly  their  duty 
to  do  so:  Harris  v.  Cooper,  14  H.  148;  In  re  Contested  Election,  15  H.  329,  332. 
This  section  was  referred  to  also  in  Fairchild  v.  Smith,  15  H.  266. 

Sec.  85.  Delegate  to  Congress.  That  a  Delegate  to  the 
House  of  Representatives  of  the  United  States,  to  serve  during 
each  Congress,  shall  be  elected  by  the  voters  qualified  to  vote 
for  members  of  the  house  of  repesentatives  of  the  legislatui-e. 
Such  Delegate  shall  possess  the  qualifications  necessary  for 
membership  of  the  senate  of  the  legislature  of  Hawaii. 


8  ORGANIC    ACT. 

Such  election  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November  of  every  even  year  and  at  such  places  as 
shall  be  designated  by  the  secretary  of  the  Territory.  The 
ballot  for  Delegate  shall  be  such  as  the  legislature  of  Hawaii 
may  designate,  and  until  provision  is  made  by  the  Territorial 
legislature  the  ballot  shall  be  of  pink  paper  and  shall  be  of  the 
same  general  form  as  those  used  for  the  election  of  represtanta- 
tives  to  the  legislature. 

The  method  of  certifying  the  names  of  candidates  for  place 
on  this  ballot  and  all  the  conduct  of  the  election  of  a  Delegate 
shall  be  in  conformity  to  the  general  election  laws  of  the  Ter- 
ritory of  Hawaii. 

The  person  having  the  greatest  number  of  votes  shall  be 
declared  by  the  governor  duly  elected,  and  a  certificate  shall  be 
given  accordingly. 

Every  such  Delegate  shall  have  a  seat  in  the  House  of  Rep- 
resentatives, with  the  right  of  debate,  but  not  of  voting.  In 
case  of  a  vacancy  occurring  in  the  office  of  Delegate,  the  gov- 
ernor of  the  Territory  is  directed  to  call  a  special  election  to 
fill  such  vacancy.  Provided,  Jioicever,  That  no  vacancy  shall  be 
filled  which  occurs  within  five  months  of  the  expiration  of  a 
Congressional  term. 

This  section  is  given  as  amended  by  act  of  June  28,  1906,  c.  3582,  34  Stat,  at 
Ij.  550,  omitting  however,  the  last  paragraph  of  such  amendatory  act,  which  em- 
powers the  legislature  of  Hawaii  to  amend  any  part  of  the  election  laws.  For  such 
last  paragraph  see  below,  p.  11,    "Legislature  May  Alter  Election  Laws." 

Sec.  56.  Town,  City,  and  County  Government.  That  the 
legislature  may  create  counties  and  town  and  city  municipali- 
ties within  the  Territory  of  Hawaii  and  provide  for  the  gov- 
ernment thereof,  and  all  officials  thereof  shall  be  appointed  or 
elected,  as  the  case  may  be,  in  such  manner  as  shall  be  pro- 
vided by  the  governor  and  legislature  of  the  Territory. 

This  s,  is  given  as  amended  by  act  March  3.  1905.  33  Stat,  at  L.  336;  Cf.  act 
June  8,  1878,  20  Stat,  at  L.  101;  see  also  Castle  v.  Secretary,  16  H.  769;  County 
V.  Whitney,  17  H.  176;  Emmeluth  v.  Supervisors,  19  H.  171.  For  election  of 
county  officers  see  p.  35  for  chapters  10  and  11  of  Act  39,  S.  L.  1905,  .as 
amended  by  Act  54,  S.  L.  1905,  s.  3.  For  election  of  city  and  county  officers  see  p. 
38  for  chapters  10  and  11  of  act  118,  S.  L.  1907;  see  also  Emmeluth  v.  Super- 
visors, 19  H.  171,  holding  s.  42  of  c.  10  and  s.  70  of  c.  12  of  act  118,  S.  L.  1907, 
void. 

Sec.  16.  Disqualification  of  Legislators.  That  no  member 
of  the  legislature  shall,  during  the  term  for  which  he  is  elected, 
be  appointed  or  elected  to  any  office  of  the  Territory  of  Hawaii. 

See  Org.  Act  s.  17  below,  and  s.  18,  p.  6. 

Sec.  17.  Disqualifications  of  Government  OflBcers  and  Em- 
ployees. That  no  person  holding  office  in  or  under  or  by 
authority  of  the  Government  of  the  United  States  or  of  the 
Territory  of  Hawaii  shall  be  eligible  to  election  to  the  legis- 
lature, or  to  hold  the  position  of  a  member  of  the  same  while 
holding  said  office. 

Notaries  and  similar  officers  were  held  within  inhibition  of  somewhat  similar 
provision  of  Const,  of  1887:  to  be  eligible,  officers  must  resign  before,  not  after, 
election:  In  re  Notaries,   8  Haw.  561. 

Sec.  57.  Exemption  of  Electors  on  Election  Day.  That 
every  elector  shall  be  privileged  from  arrest  on  election  day 


ORGANIC    ACT.  V 

during  his  attendance  at  election  and  in  going  to  and  returning 
therefrom,  except  in  case  of  breach  of  the  peace  then  com- 
mitted, or  in  case  of  treason  or  felony. 

Sec.  58.  Exemption  Electors  from  Military  duty  when; 
provision  for  taking  vote  of.  That  no  elector  shall  be  so  obliged 
to  perform  military  duty  on  the  day  of  election  as  to  prevent 
his  voting,  except  in  time  of  war  or  public  danger,  or  in  case 
of  absence  from  his  place  of  residence  in  actual  military  ser- 
vice, m  which  case  provision  may  be  made  by  law  for  taking 
his  vote. 

THE  SENATE. 

See.  30.  Number  of  Members.  That  the  senate  shall  be 
composed  of  lifteeii  members,  who  shall  hold  office  for  four 
years:  Provided,  houerer,  That  of  the  senators  elected  at  the 
first  general  election,  two  from  the  first  district,  one  from  the 
second,  three  from  the  third,  and  one  from  the  fourth  district 
shall  hold  office  for  two  years  only,  the  details  of  such  appor- 
tionment to  be  provided  for  by  the  legislature. 

Referred  to  In  re  Loucks,  13  H.  19.  Congress  apportioned  the  senators  on 
failure  of  the  territorial  legislature  to  do  so:  32  Stat,  at  L.  200,  c.  817,  Cf.  Org. 
Act  s.  55  where  power  apportionment  given. 

See.  31.  Vacancies.  That  vacancies  caused  by  death,  resig- 
nation, or  otherwise  shall  be  filled  for  the  unexpired  term  at 
general  or  special  elections. 

Sec.  32.  Senatorial  Districts.  That  for  the  purpose  of  rep- 
resentation ill  the  senate,  until  otherwise  provided  by  law, 
the  Territory  is  divided  into  the  following  senatorial  districts, 
namely : 

First  district :     The  island  of  Hawaii. 

Second  district:  The  islands  of  Maui,  Molokai,  Lanai  and 
Kahoolawe. 

Third  district :     The  island  of  Oahu. 

Fourth  district :     The  islands  of  Kauai  and  Niihau. 

Apportionment  of  senators,  see  below  for  s.  33  Org.  Act:  method  for  voting  for 
senators,  see  below  for  s.  61,  Org.  Act.  The  election  districts  are  further  partic- 
ularly described  in  Act  84,   S.  L.  1909. 

Sec.  33.  Apportionment  of  Senators  to  be  elected.  That  the 
electors  in  the  said  districts  shall  be  entitled  to  elect  senators 
as  follows: 

In  the  first  district,  four ; 
In  the  second  district,  three ; 
In  the  third  district,  six; 
In  the  fourth  district,  two. 

For  senatorial  districts,  see  above,  s.  32  Org.  Act ;  for  method  of  voting  for 
senators,  see  below,   s.  61,  Org.  Act. 

Sec.  61.  Method  of  Voting  for  Senators.  That  each  voter 
for  senator  may  cast  one  vote  for  each  senator  to  be  elected 
from  the  senatorial  district  in  which  he  is  entitled  to  vote. 


10  ORGANIC    ACT. 

The  required  number  of  candidates  receiving  the  highest 
number  of  votes  in  the  respective  senatorial  districts  shall  be 
the  senators  for  such  district. 

For  senatorial  districts,  see  above,  s.  .32  Org.  Act;  apportionment ,  of  senators, 
see  above,  s.  33  Org.  Act;  disqualifications  of  government  offieers  and'  government 
employees,  p.  8,  s.  17,  Org.  Act;  other  disqualifications,  see  p.  fi,  s.  18,  Org.  Act; 
for  qualifications   for  senators,   see  below  s.   34,   Org.  Act. 

Sec.  34.  Qualifications  of  Senators.  That  in  order  to  be 
eligible  to  election  as  a  senator  a  person  shall — 

Be  a  male  citizen  of  the  United  States; 
Have  attained  the  age  of  thirty  years ; 

Have  resided  in  the  Hawaiian  Islands  not  less  than  three 
years  and  be  qualified  to  vote  for  senators  in  the  district  from 
which  he  is  elected. 

Referred  to  In  re  Loucks,  13  H.  21. 

THE  HOUSE  OF  REPRESENTATIVES. 

Sec.  35,  Number  of  Representatives.  That  the  house  of 
representatives  shall  be  composed  of  thirty  members,  elected, 
except  as  herein  provided,  every  second  year. 

Sec.  36.  Term  of  Office.  That  the  term  of  office  of  the 
representatives  elected  at  any  general  or  special  election  shall 
be  until  the  next  general  election  held  thereafter. 

Sec.  37.  Vacancies.  That  vacancies  in  the  office  of  repre- 
sentative caused  by  death,  resignation,  or  otherwise  shall  be 
filled  for  the  unexpired  term  at  special  elections. 

Sec.  38.  Representative  Districts.  That  for  the  purpose  of 
representation  in  the  house  of  representatives,  until  otherwise 
provided  by  law,  the  Territory  is  divided  into  the  following 
representative  districts,  namely: 

First  district:  That  portion  of  the  island  of  Hawaii  known 
as  Puna,  Hilo,  and  Hamakua. 

Second  district :  That  portion  of  the  island  of  Hawaii  known 
as  Kau,  Kona  and  Kohala. 

Third  district :  The  islands  of  IMaui,  Molokai,  Lanai,  and 
Kahoolawe. 

Fourth  district :  That  portion  of  the  island  of  Oahu  lying 
east  and  south  of  Nuuanu  street  and  a  line  drawn  in  extension 
thereof  from  the  Nuuanu  Pali  to  Mokapu  Point. 

Fifth  district.  That  portion  of  the  Island  of  Oahu  lying  west 
and  north  of  the  fourth  district. 

Sixth  district :     The  islands  of  Kauai  and  Niiliau. 

Apportionment  of  representatives,  see  below  for  s.  39,  Org.  Act:  method  of 
voting  for  representatives,  see  below  for  s.  59,  Org.  Act.  The  election  districts 
are  further  particularly  described  in  Act  84,   S.  L.   1909. 

Sec.  39.    Apportionment  of  representatives  to  be  elected. 

That  the  electors  in  the  said  districts  shall  be  entitled  to  elect 
representatives  as  follows : 


ORGANIC    ACT.  11 

In  the  first  district,  four ; 
In  the  second  district,  four; 
In  the  third  district,  six; 
In  the  fourth  district,  six ; 
In  the  fifth  district,  six ; 
In  the  sixth  district,  four. 

For  representative  districts,  see  above  sec.  38  Org.  Act;  method  of  voting  for 
representatives,  see  below  sec,   59  Org.  Act. 

Sec.  59.  Method  of  voting  for  representatives.  That  eaeli 
voter  for  representatives  may  cast  a  vote  for  as  many  repre- 
sentatives as  are  to  be  elected  from  the  representative  district 
in  which  he  is  entitled  to  vote. 

The  required  number  of  candidates  receiving  the  highest 
number  of  votes  in  the  respective  representative  districts  shall 
be  the  representatives  for  such  districts. 

For  representative  districts  see  above,  s.  38  Org.  Act;  apportionment  of  rep- 
resentatives, see  above,  s.  39  Org.  .\ct;  disqualifications  of  government  officers  and 
employees,  see  p.  8,  s.  17  Org.  Act;  other  disqualifications,  see  above  p.  6,  s.  18 
Org.  Act;   qualifications  of  representatives,   see  below,   s.   40  Org.  Act. 

Sec.  40.  Qualifications  of  Representatives.  That  in  order 
to  be  eligible  to  be  a  member  of  the  house  of  representatives  a 
person  shall,  at  the  time  of  election — 

Have  attained  the  age  of  twenty-five  years ; 

Be  a  male  citizen  of  the  United  States ; 

Have  resided  in  the  ITawniiaii  Tslnnds  not  less  than  three 
years ; 

And  shall  be  qualified  to  vote  for  representatives  in  the  dis- 
trict from  which  he  is  elected. 

Referred  to  In  re  Loucks,  13  H.  21;  see  Harris  v.  Cooper,  14  H.  146,  holding 
that  the  secretary  of  Hawaii  cannot  lawfully  inquire  into  and  pass  upon  qualifica- 
tions of  candidates  for  the  office  of  representative. 

Sec.  65.  Legislature  alter  boundaries:  apportion  Senators. 
That  the  legislature  of  the  Territory  may  from  time  to  time 
establish  and  alter  the  boundaries  of  election  districts  and  vot- 
ing precincts  and  apportion  the  senators  and  representatives  to 
be  elected  from  such  districts. 

On  changes  of  districts,  see  p.  9.  s.  32,  and  p.  10,  s.  38.  Org.  Act.  The  gov- 
ernor may  nlso  chanse  precinct  boundaries,  s.  106,  R.  L.,  p.  31.  This  section  was 
amended  by  implication  by  act  of  June  28,  1906,  34  Stat,  at  L.  550,  giving  the 
legislature  the  right  to  amend  all  £lection  laws,  see  below.  See  also,  act  39,  c.  10, 
s.  30,  S.  L.  1905;  and  act  118,  c.  10,  s.  41,  S.  L.  1907:  post.  pp.  35  and  38. 

Sec.  64.  Rules,  regulations  registering  districts  and  pre- 
cincts continued  in  force.  That  the  rules  and  regulations  for 
administering  oaths  and  holding  elections  set  forth  in  Ballou's 
Compilation,  Civil  Laws,  Appendix,  and  the  list  of  registering 
districts  and  precincts  appended,  are  continued  in  force  with 
the  following  changes,  to  wit : 

The  changes  referred  to  are  not  inserted  for  the  reason  that  the  rules  and  regu- 
lations as  amended  by  this  s.  are  now  e.  7,  8  and  9  of  the  R.  L.,  which  are  set 
forth  in  this  compilation  under  the  title  of   "General  Election  Laws." 

Legislature  may  alter  election  laws.  ' '  The  legislature  of  the 
Territory  of  Hawaii  shall  have  the  right  to  alter  or  amend  any 
part  of  the  election  laws  of  said  Territory,  including  those  pro- 
viding for  an  election  of  Delegate  to  Congress,  and  its  action 
shall  be  the  law,  with  full,  binding  force,  until  altered, 
amended,  or  repealed  by  Congress." 

This  is  a  part  of  the  act  of  .June  28,  1906.  34  Stat,  at  L.  550,  which  amended 
s.  8."i  of  the  Org.  Act.     Sec  pp.   7,  8  for  the  other  provisions  of  the  act. 


12  REVISED  LAWS. 


GENERAL  ELECTION   LAWS. 


PROVISIONS  OF  THE  REVISED  LAWS. 

CHAPTER  7.* 

ELECTIONS. 

GENERAL  ELECTIONS. 

See.  25.  Proclamation.  At  least  forty  days  before  any  elec- 
tion, the  governor  shall  issue  an  election  proclamation  and 
transmit  copies  of  the  same  to  the  several  boards  of  inspectors 
throughout  the  Territory  or  where  such  election  is  to  be  held. 

See  ss.  106,  105,  61,  par.  2,  pp.  31,  32,  21. 

The  general  proclamation  should  be  issued  long  enough  prior  to  Aug.  3,  to 
enable  the  several  registration  boards  to  decide  on  times  and  places  for  meetings, 
notice  of  which  mus  bte  published  not  later  than  Aug.  3,  see  s.  39,  p.  1 5 ;  for  con- 
tents of  proclamation  see  s.  26  below;  proclamations  must  be  sent  to  inspectors  of 
election  in  time  to  permit  them  to  post  same  at  least  7  days  before  elecion  day, 
see  s.  27  below  and  s.  61,  par.  2,  p.  21.  Under  s.  106,  governor  may  alter  precinct 
boundaries;  if  done  in  p-eneral  proclamation,  same  should  be  issued  not  less  than  60 
days  prior  to  election  day.  Supervisors  issue  proclamation  for  county  election  60 
days  before  general,  and  40  days  before  special  elections,  act  39,  c.  10,  s.  36, 
S.  L.  1905,  p.  35.  The  mayor  issues  proclamation  for  city  and  county  election  40 
davs  before  general,  and  30  days  before  special  elections;  act  118,  c.  10,  s.  47, 
S. 'L.  1907,  p.  38. 

Sec.  26.  Contents.  Such  proclamation  shall  contain  a  state- 
ment of  the  time  and  places  where,  and  the  purposes  for  which, 
the  election  is  to  be  held.  It  may  also  contain  any  other 
relevant  matter  deemed  proper  by  the  governor,  including  an 
oifer  of  rewards  for  the  detection  and  conviction  of  offenders 
against  the  election  laws. 

See  Brown  v.  laukea,  18  H.  151;  also  note  to  preceding  section. 

Sec.  27.  Publication.  Such  proclamation  shall  be  published 
in  the  Hawaiian  and  English  languages  in  one  or  more  news- 
papers and  copies  of  so  much  of  such  election  proclamation  as 
relates  to  the  respective  districts  shall  be  posted  in  not  less 
than  three  public  and  frequented  places  in  each  precinct  where 
such  election  is  to  be  held. 

See  Brown  v.  laukea,    18  H.   151. 


*  This  c.  and  the  next  c.  (except  s,  27,  which  is  given  as  amended  by  Act  6, 
S.  L.  1907;  the  first  paragraph  of  s.  39,  which  is  S.  L.  1903,  e.  25,  s.  1;  the  last 
paragraph  of  s.  40,  which  is  S.  L.  1894-5,  c.  1,  s.  1,  C.  L.  s.  1101:  s.  85,  which  is 
given  as  amended  bv  Act  129,  S.  L.  1907:  and  s.  101.  which  is  S.  L.  1894-5,  c.  8, 
s.  16,  C.  L.  s.  IIOO":  s.  58A,  which  is  s.  1,  Act  78,  S.  L,  1907;  and  s.  65.  which 
is  given  as  amended  by  Act  19,  S.  L.  1907;)  are  the  rules  (C.  L.,  p.  785)  relating 
to  elections,  which  were  made  by  the  president  of  Hawaii  with  the  approval  of 
the  cabinet  under  Const,  of  1894,  art.  79,  as  amended  and  continued  in  force  by 
Org.  Act.  ss.  64,  65.  and  as  amended  under  authority  of  act  of  June  28,  1906.  34 
Stat,  at  L.  550.  They  are  subject  to  change  by  the  Territorial  legislature.  (See 
act  just  cited.)  As  to  election  districts  and  precincts,  appeals,  etc.,  see  Org.  Act, 
ss.  32,  38,  58,  64,  65;  see  also  ss.  50,  106.  For  other  provisions  relating  to  elec- 
tions, see  c.  8,  R.  L.,  on  districts  and  precincts;  c.  9,  R.  L.,  on  offences  against 
election   laws,   and  Org.   Act,    ss.   12-65,   miscellaneous. 


REVISED  LAWS.  13 

SPECIAL  ELECTIONS. 

Sec.  28.  To  Fill  Vacancy.  Whenever  any  vacancy  in  the 
membership  of  the  legishiture  shall  occur,  the  governor  shall 
cause  a  special  election  to  be  held  to  fill  the  same.  Any  special 
election  shall  conform  in  all  respects,  except  as  otherwise  in 
this  chapter  provided,  to  the  regular  biennial  elections  held 
under  the  provisions  of  this  chapter. 

Vacancies  in  senate  may  be  filled  in  general  or  special  elections;  in  house,  at 
special  elections:  Org.  Act,  ss.  31,  37,  pp.  9,  10.  Vacancies  in  county  super- 
visors filled  by  governor,  act  39,  c.  13,  s.  61,  S.  L.  J  905;  for  filling  vacancies 
in  city  and  county  supervisors,  see  act  118,  c.  13,  s.  77,  S.  L.  1907;  for 
filling  vacancies  in  office  of  delegate,  see  s.  83,  Org.  Act,  p.   7. 

Sec.  29.  In  Case  of  Tie.  In  case  of  the  failure  of  an  elec- 
tion by  reason  of  the  ecpiality  of  vote  between  two  or  more 
candidates,  a  return  in  accortlanee  with  the  facts  shall  be  made 
by  the  high  sheriff,  or  sheriff',  as  the  case  may  be,  to  the  gov- 
ernor, who  shall  immediately  order  a  special  election  to  fill  such 
vacancy.  In  case  of  such  special  election  the  nominations  of 
candidates  already  filed  shall  be  sufficient.  Nominations -for 
new  candidates  may  also  be  made  in  accordance  with  the  pro- 
visions of  this  chapter. 

On  duties  of  high  sheriff  when  there  is  not  a  tie,  see  ss.  99,  100,  p.  30;  on 
nominations,  see  s.  ;il  ;  on  county  elections,  see  act  39,  c.  10,  s.  35,  S.  L.  1905, 
p.  36;  on  city  and  county  elections,  see  act  118,  c.  10,  s.  46,  S.  L.  1907,  p.  39; 
see  also  Blake  v.  Baker,  19  H.  264. 

See.  30.  Register.  At  any  intermediate  special  election  the 
register  of  voters  used  at  the  last  preceding  general  election 
shall  be  used  without  change. 

See  s.  54  et  seq, 

A  voter  who  has  moved  may  vote  at  special  election  in  precinct  in  which  he 
was  last  registered:  s.  42;  see  on  construction  of  "last  preceding  general  election," 
Re  Voters,  11  H.  370,  not  now  applicable.  The  register  used  at  the  last  preceding 
general  election  for  representatives  is  the  one  to  be  used  at  all  intermediate  elec- 
tions, e.  g.,  an  intermediate  general  election  for  county  officers,  as  well  as  at 
special  elections  for  the  legislature:  Fairchild  v.  Smith,  15  H.  262:  Emmeluth  v. 
Supervisors,  19  H.  171;  see  also  s.  58A,  (Act  78,  S.  L.  1907),  which  probably  is 
not  amendatory  of  this  section. 

CANDIDATES. 

Sec.  31.  Nominations;  Deposit;  Withdrawal.  No  person 
shall  be  permitted  to  stand  as  a  candidate  for  election  to  the 
legislature  unless  he  shall  be  nominated  and  so  requested  in 
writing,  signed  by  not  less  than  twenty-five  duly  qualified  elec- 
tors of  the  district  in  which  an  election  is  ordered,  and  in  which 
he  is  requested  to  be  a  candidate.  Such  nomination  shall,  ex- 
cept as  hereinafter  provided,  be  deposited  with  the  secretary 
of  the  Territory  not  less  than  thirty  days  before  the  day  of  a 
general  election  or  twenty  days  prior  to  a  special  election, 
except  on  the  island  of  Oahu,  where  such  nomination  shall  be 
deposited  not  less  than  ten  days  before  the  daj'  of  any  election. 

Each  nomination  shall  be  accompanied  by  a  deposit  of  twen- 
ty-five dollars,  on  account  of  the  expenses  attending  the  elec- 
tion, which  amount  shall  be  paid  into  the  treasury  as  a  govern- 
ment realization. 


14 


REVISED  LAWS. 


Upon  receipt  at  the  office  of  the  secretary  of  the  Territory  of 
a  nomination  of  a  candidate,  the  day,  hour,  and  minute  when 
it  was  received  shall  be  indorsed  thereon. 

Provided,  however,  that  in  case  of  the  withdrawal  or  death 
of  a  candidate,  a  new  nomination  or  nominations  to  replace  the 
name  of  the  person  who  has  died  or  withdrawn  may  be  made, 
irrespective  of  such  limit  of  time,  with  the  inspectors  of  elec- 
tion of  the  districts  in  which  such  death  or  withdrawal  has 
taken  place,  and  the  fee  in  this  chapter  required  deposited  with 
them. 

In  such  case  a  voter,  while  voting,  may  write  the  name  of 
any  such  new  candidate  upon  the  ballot,  and  vote  for  it  as  in 
this  chapter  provided. 

On   qualifications   of   candidates,    see   Org.    Act,    ss.    4,    18,    58,    60,    62,    63,    and 
note  to  s.  72  of  this  e. 

See  Willis  v.  Kanealii,  17  H.  244.  248:  In  re  Election,  8  H,  604;  Harris  v. 
Cooper,  14  H.  145;  Chandler  v.  Secretary,  19  H.  225,  holding  the  foregoing  statute 
mandatory,  that  in  computing  the  time  limit  of  30  davs  election  dav  must  be  ex- 
cluded, and  that  if  the  30th  day  falls  on  a  Sund.iy  the  time  is  not  thereby  extended 
to  the  following  Monday,  but  that  the  secretary  must  receive  nomination  papers 
tendei-ed  on   Sunday;   see  also  Ops.  Atty  Gen.  of  Haw.,   Oct.  5,   1908. 

Sec.  32.  Withdrawal;  Notice.  Any  candidate  may  with- 
draw, before  an  election,  by  giving  notice  to  the  secretary  of 
the  Territory  in  writing.  If  a  candidate  shall  withdraw  after 
the  printing  of  the  ballots  such  candidate  shall  also  notify  in 
writing  the  inspectors  of  election  of  the  precincts  in  which  he 
was  a  candidate ;  and  the  inspectors  shall  post  before  the  open- 
ing of  the  polls  on  election  day  a  notice  of  such  withdrawal,  or 
of  the  death  of  any  candidate,  and  also  the  name  or  names  of 
any  new  candidates,  at  the  polling  place. 

Sec.  33.  Assistants  at  Polls.  Every  candidate  shall,  on  the 
day  preceding  the  election,  furnish  the  iuspectors  at  each  pre- 
cinct with  a  complete  list  of  the  names  of  all  persons  allowed 
by  law  to  be  employed  and  so  employed  by  him  to  assist  at 
such  precinct  in  the  election,  and  no  person  whose  name  is  not 
on  such  list  shall  be  permitted  to  attend  at  the  polling  place  on 
behalf  of  such  candidate.  Nothing  in  this  chapter  contained 
shall  be  construed  to  forbid  the  gratuitous  assistance  of  any 
candidate  by  any  person. 

See  sis.  65  and  79,  R.  L. 

Sec.  34.  Election  Expenses,  Statement.  Within  twenty 
days  following  any  election,  each  candidate  and  each  agent  or 
committee  acting  for  or  on  behalf  of  any  candidate,  shall  file 
with  the  secretary  of  the  Territory  an  itemized  statement  of 
his  or  their  expenses  by,  for,  or  on  behalf  of  such  candidate  for 
election,  showing  each  amount  expended,  the  purpose  or  object 
for  which  each  expenditure  was  made,  and  the  person  or 
persons  to  whom  made ;  which  statement  shall  be  sworn  to 
by  each  person  making  such  expenditures  and  shall  be  open 
to  public  inspection. 

Sec.  35.  No  Expenses,  Statement.  If  a  candidate  ot  any 
agent  or  committee  acting  on  his  behalf  has,  or  have,  incurred 


REVISED  LAWS.  .  15 

no  expenses  on  account  of  such  election,  he  and  they  shall  file 
within  twenty  days  after  the  election,  with  the  secretary  of 
the  Territory,  a  sworn  statement  setting  forth  such  fact. 

Sec.  36.  What  Expenses  Legal,  The  following  expenses, 
and  no  other,  may  be  legally  incurred  by  or  for  a  candidate  for 
election  as  senator  or  representative,  viz : 

1.  His  personal  expenses  as  a  candidate ; 

2.  Expenses  of  printing  and  advertising; 

3.  Cost  of  stationery  and  postage ; 

4.  Expenses  of  public  meetings ; 

5.  Rent  and  supplies  of  committee  rooms  not  to  exceed  one 
for  each  polling  place ; 

6.  Salaries  of  not  more  than  one  clerk  and  two  messengers 
for  each  polling  place ; 

7.  Salaries  of  not  more  than  one  watcher,  on  election  day 
only,  at  each  polling  place. 

BOARDS  OF  REGISTRATION. 

Sec.  37.  Appointment,  Tenure.  For  the  purpose  of  exam- 
ining applicants  for  registration  as  voters  and  determining 
their  eligibility,  there  shall  be  five  boards  of  registration,  one 
for  that  portion  of  the  island  of  Hawaii  known  as  Puna,  Hilo 
and  Hamakua;  one  for  that  portion  of  the  island  of  Hawaii 
known  as  Kau,  Kona  and  Kohala ;  one  for  the  islands  of  Maui, 
Molokai,  Lanai  and  Kahoolawe;  one  for  the  island  of  Oahu; 
and  one  for  the  islands  of  Kauai  and  Niihau.  Such  boards, 
which  shall  consist  of  three  members  each,  shall  be  appointed 
by  the  governor  by  and  with  the  advice  and  consent  of  the 
senate,  and  their  terms  of  office  shall  be  four  years.  Appoint- 
ments made  by  the  governor  when  the  senate  is  not  in  session 
shall  be  valid  until  the  succeeding  meeting  of  that  body. 

See  Brown  v.  laukea,  18  H.  151 ;  s.  32,  act  39,  S.  L.  1905,  p.  36;  s.  43,  act  118, 
S.  L.  1907,  p.  39;  also  act  84,  S.  L.  1909. 

The  boards  are  removable  by  the  governor  with  the  consent  of  senate:  Org. 
Act,  s.  80. 

Sec.  38.  Meetings.  The  boards  shall  meet  within  their 
respective  districts  at  such  times  between  the  last  day  of  August 
and  the  tenth  day  of  October  in  the  year  nineteen  hundred  and 
six,  and  between  such  days  in  each  second  year  thereafter,  as 
many  times  as  may  be  necessary  to  enable  them  to  register  all 
persons  entitled  to  register. 

Prior  to  act  78.  S.  L.  1907,  which  took  effect  April  19,  1907,  persons  registered 
at  a  meeting  held  later  than  the  time  prescribed,  conld  not  vote.  Ee  Kapahu,  8.  H. 
738.  Since  that  act  took  effect,  persons  who  fail  to  register  by  reason  of  sickness 
or  absence  from  the  Territory  during  the  last  preceding  registration  period,  may  be 
registered  at  any  time  not  later  than  the  day  preceding  any  election  by  conforming 
to  the  special  requirements  of  that  act.  This  section  referred  to  in  Brown  V. 
laukea,  18  H.  151,  and  in  Emmoluth  v.  Supervisors,  19  H.  171;  see  s.  104,  p.  31, 
for  compensation,  and  Ops.  Atty.  Gen.  of  Haw.,  June  2,  1908,  holding  that  actual 
service  after  Oct.  10,  may  be  paid  for. 

Sec.  39.  Notice  of  Meetings;  Adjournments.  It  shall  be 
the  duty  of  the  boards  of  registration  of  the  several  districts  to 


16  .  REVISED  LAWS. 

publish  a  notice  in  English  and  Hawaiian  of  all  meetings  of  the 
board  in  newspapers  of  general  circulation  in  the  district  and 
by  posting  notices  in  at  least  three  places  in  each  district.  The 
first  publication  shall  be  not  less  than  four  weeks  before  such 
meetings  and  the  notices  shall  appear  Aveekly  for  at  least  three 
weeks.  The  hours  which  the  board  shall  be  in  session  shall  be 
given  in  such  notices  as  well  as  the  day. 

The  time  and  place  of  all  meetings  of  the  several  boads  shall 
be  advertised  in  the  English  and  Hawaiian  languages,  in  news- 
papers or  by  notices  posted  in  at  least  three  frequented  places 
in  the  locality  where  such  meetings  are  to  be  held.  This  para- 
graph shall  not  be  construed  to  prohibit  the  adjournment  of  any 
such  advertised  meeting  from  day  to  day  to  a  time  certain, 
announced  at  the  time  of  adjournment. 

Sec.  40.  Powers.  Each  board  of  registation  is  hereby  given 
all  the  powers  and  authority,  for  the  summoning  and  examin- 
ing of  witnesses  and  the  maintenance  of  order,  including  the 
power  to  punish  for  contempt,  by  law  given  to  circuit  courts. 

Every  member  of  the  boards  of  registration  of  voters  is  here- 
by authorized  to  administer  oaths  in  all  cases  in  which  oaths 
are  by  law  authorized. 

On  powers  of  circuit  courts  as  to  witnesses,  see  R.  L.  ss.  1651,  1897;  as  to 
contempts,  R.  L.  s.  3069  ;  on  administering  oaths,  see  also  s.  48. 

Sec.  41.  Records  of  Procesdings.  In  addition  to  the  regis- 
ter of  voters  herein  provided  to  be  kept,  the  several  boards  shall 
each  keep  books  of  record  in  w^hich  full  and  detailed  minutes 
shall  be  preserved  of  all  their  jirocpedings. 

Such  minutes  shall  be  kept  from  day  to  day,  and  shall 
contain : 

1.  The  date  and  place  of  the  meeting ; 

2.  The  names  of  the  members  of  the  board  present : 

3.  The  name  of  each  person  applying  for  registration ; 
whether  such  name  was  registered  or  rejected,  and  if  rejected, 
the  reason  therefor ; 

4.  The  name  of  each  person  to  whom  an  oath  is  adminis- 
tered, and,  if  an  examination  is  held,  the  names  of  the  wit- 
nesses and  the  substance  of  the  answers  of  the  applicant  and  of 
the  witnesses ; 

5.  The  name  of  any  person  challenging  the  right  of  any 
applicant  to  register,  the  grounds  of  challenge,  the  name  of  the 
person  challenged,  and  the  decision  rendered  thereon : 

6.  All  other  matters  of  detail  which  are  likely  to  have  a 
bearing  upon  any  question  concerning  the  action  of  the  board 
or  of  any  person  appearing  before  it. 

Records  of  board  are  prima  facie  evidence,  and  are  open  to  inspection :  ss.  101, 
102,  p.  31 ;  see  also  Willis  v.  Kanealii,  17  H.  248. 

APPLICATIONS  AND  EXA:\[INATI0NS  FOR 
REGISTRATION. 

Sec.  42.  Place  of  Registering  and  Voting.  Every  person 
qualified  to  register  may  do  so  in  the  precinct  in  which  he 


REVISED  LAWS,  17 

resides ;  and  no  person  shall  register  or  vote  in  any  other  pre- 
cinct than  that  in  which  he  resides.  If  any  person  resides  in 
more  than  one  precinct,  he  may  elect  which  precinct  he  will 
register  in ;  but  he  shall  register  in  one  precinct  only. 

Provided,  Jioiccrer,  that  at  any  special  election,  any  person 
who  has  previously  registered,  and  since  registering  has  moved 
his  residence  to  another  precinct  without  having  had  an  oppor- 
tunity to  register  therein,  may  vote  in  the  precinct  in  which  he 
was  last  registered. 

Residence  in  the  Territory  for  one  year  and  district  for  three  months  is  neces- 
sary: Org.  Act,  8S.  60,  62.  Persons  in  the  Territory  merely  by  reason  of  being  in 
the  army  or  navy  cannot  vote :  Id.  s.  63.  Special  provision  may  be  made  for  re- 
ceiving votes  of  persons  absent  on  military  duty:  Org.  Act,  s.  58.  For  other  quali- 
fications ,see  Odg.  Act,  ss.  18.  58,  60,  62,  63,  and  note  to  s.  100,  pp.  —  of 
this  compilation.  As  to  the  effect  of,  and  what  constitutes,  change  of  residence, 
after  registering,  see  King  V.  Hobron,  8  H.  152.  One  who  has  no  place  of  abode 
except  on  a  steamer  engaged  in  inter-island  trade,  is  not  a  resident  of  any  particular 
))recinct :  Re  Irving,  13  H.  12.  On  districts  and  precincts,  see  R.  L.  ss.  105,  106 
and  Act   84,   S.   L.   1909. 

Sec.  43.  Personal  Application  Required.  No  name  shall  be 
placed  upon  the  re<4ister  of  voters  for  either  senators  or  repre- 
sentatives except  upon  the  personal  appearance  of  the  applicant 
before  the  board  of  registration  at  an  advertised  public  meet- 
ing of  the  board. 

Application  in  writing,  without  personal  appearance,  is  not  sufficient:  Ee  Elec- 
tion Laws,  8  H.  $92;   also  Id.  8  H.  594;  see  Act  78,   S.  L.  1907,    (s.  58A). 

Sec.  4-1,  Examination.  Each  applicant  to  be  placed  upon 
the  register  for  either  senators  or  representatives,  shall,  upon 
each  application  for  registration,  be  examined  under  oath  by 
the  board  of  registration  as  to  each  one  of  the  required  qualifi- 
cations;  provided,  hoirerer,  that  after  an  applicant  shall  have 
once  passed  an  examination  concerning  his  ability  understand- 
ingly  to  speak,  read  and  write  the  English  or  Hawaiian  lan- 
guages, it  shall  be  at  the  discretion  of  the  board  to  examine  him 
further  or  not,  concerning  such  qualification. 

As  to  voters  for  delegate  see  s.  85.  Org.  Act,  as  amended  by  act  of  June  28, 
1906,  34  Stat,  at  L.  550,  p.  7;  for  qualifications  see  s.  42,  and  Org.  Act.,  ss.  4,  18, 
60,  62.  63,  100  and  notes.  On  administering  oaths,  see  ss.  40,  48;  see  also  Ops. 
Atty.  Gen.  of  Haw.,  Oct.  19,  1908. 

Sec.  45.  Scope.  The  examination,  number  of  witnesses,  and 
time  or  times  of  examination,  shall  be  under  the  reasonable 
control  and  discretion  of  the  board. 

Sec.  46.  Burden  of  Proof.  No  board  of  registration  shall 
enter  the  name  of  any  person  upon  the  register  of  voters  for 
either  senators  or  representatives  until  satisfied  that  such  per- 
son possesses  the  requisite  qualifications. 

As  to  voters  for  delegate,  see  s.  85  Org.  Act  as  amended  by  act  of  June  28, 
1906.  34  Stat,  at  L.  550;  also  Act  78,  S.  L.  1P07  (s.  SSA).  The  registration  list 
is  conclusive  on  the  right  of  a  person  to  vote,  Brown  v.  laukea,  18  H.  140. 

Sec.  47.  Challenging.  Any  lawful  voter  may  challenge  the 
right  to  register  of  any  person  claiming  to  be  eligible  to  register 
as  a  voter,  cross-examine  the  applicant  and  any  witnesses  pro- 


18  REVISED  LAWS, 

duced  by  him,  and  may  produce  and  examine  witnesses  against 
such  eligibility. 

See  Act  78,  S.  L.  1907  (s.  58A)  ;  and  ss.  50-53,  55-58  R.  L. ;  in  Brown  v, 
laukea,   18  H.   140,   held  that  a  voter  cannot  be  challenged  at  the  polls. 

Sec.  48.  Examination  Under  Oath.  The  examination  of  the 
applicant  and  of  all  witnesses  examined  before  any  board  of 
registration,  shall  be  under  oath,  administered  by  any  of  the 
members  of  such  board,  who  are  by  this  chapter  authorized  to 
administer  oaths  for  such  purpose. 

On  administering  oaths,  see  ss.  40,  44;  also  Act  78,  S.  L.  1907    (s.  58A). 

Sec.  49.  Perjury.  Any  person  who  shall,  under  oath,  know- 
ingly make  any  false  statement  before  any  such  board ;  or  who, 
knowing  that  he  is  not  entitled  to  register  or  to  vote,  shall  so 
register  or  vote,  shall  be  guilty  of  the  offense  of  perjury. 

On  perjury  see  R.  L.,  c.  203;  also  s.  63,  and  Brown  v.  laukea,  18  H.  140. 

APPEAL  FROM  BOARD  OF  REGISTRATION. 

Sec.  50.  To  Supreme  Court;  If  any  board  shall  refuse  to 
register  the  name  of  any  person  applying  to  be  registered,  the 
person  refused,  and,  in  case  any  name  has  been  registered,  any 
legal  voter,  may,  at  any  time  within  ten  days  after  the  decision 
of  such  board,  appeal  to  the  supreme  court  in  the  manner  pro- 
vided by  law  for  civil  appeals  to  the  supreme  court  from  the 
circuit  court,  or  in  such  manner  as  may  hereafter  be  provided 
by  law. 

On  appeals  see  R.  L.  c.  123;  see  also  Act  78,  S.  L.  1907  (s.  58A)  ;  and. 
In  re  Loucks,  13  H.  17;  In  re  Irving,  13  H.  22;  Brown  v.  laukea,  18  H.  140 

Sec.  51.  Hearing;  Decision  Final.  Upon  such  appeal  being 
perfected,  the  supreme  court  shall  proceed  to  hear  such  cause 
either  in  term  time  or  in  vacation,  as  soon  thereafter  as  reason- 
ably may  be ;  and  the  determination  by  such  court  of  such  ques- 
tion shall  be  final. 

Sec.  52.  Decision,  Notice;  Action  on.  Immediately  upon 
rendering  a  decision  upon  any  such  appeal,  the  supreme  court 
shall  notify  the  board  of  registration  from  which  such  appeal 
was  taken ;  and  if  such  decision  shall  reverse  the  decision  of  the 
board,  such  board  shall  immediately  cause  the  register  to  be 
corrected  to  conform  with  such  decision. 

Register  cannot  be  changed  except  by  order  of  the  board,  or  by  appeal  to  the 
Supreme  Court,  Brown  v.  laukea,  18  H.  140;  see  also  ss.  55,  57,  58;  see  Act  78, 
8.   L.    1907    (s.    58A). 

Sec.  53.  Status  Pending-  Appeal.  In  case  of  an  appeal  from 
a  decision  of  any  board  admitting  the  name  of  any  person  to 
registration,  the  name  of  such  person  shall  remain  upon  the 
register  pending  the  decision  of  the  supreme  court  concerning 
the  same.  If  the  person  so  registered  shall  vote  at  any  election 
before  a  decision  of  the  court  shall  have  been  made  and  acted 
upon,  such  vote  shall  not  invalidate  such  election,  even  though 
the  decision  of  the  court  shall  be  adv^erse  to  the  registration 
of  such  name. 

See  Brown  v.  laukea,  18  H.  140. 


REVISED  LAWS.  19 

REGISTER  OF  VOTERS. 

Sec.  54.  Defined.  The  rej^ister  of  voters  shall  consist  of 
a  list  of  the  names  of  the  persons  who  have  registered  as  voters 
in  any  election  district,  arranged  alphabetically  by  precincts. 

Although  there  is  no  specific  requirement  to  such  effect,  the  original  of  each 
precinct  register,  with  all  corrections  and  additions  noted  therein  should  be  deposited 
with  the  Secretary  of  Hawaii  immediately  after  the  general  election  day.  This  is 
the  register  referred  to  in  s.  30. 

Sec.  55.  Adding-  to  or  Striking  from.  No  name  shall  be 
registered  or  .stricken  from  tlie  regi.ster  except  in  an  open  meet- 
ing of  the  board  and  upon  public  announcement,  except  for  the 
following  causes,  viz: 

1.  In  case  the  supreme  court  shall  render  a  decision  upon 
appeal,  reversing  the  decision  of  the  board : 

2.  In  case  the  board  has  decided  that  a  person  is  entitled 
to  registration  and  his  name  has  been  accidentally  omitted  from 
the  register,  misspelled,  or  he  therein  been  misnamed. 

On  changing  register,  see  also  ss.  52,  57,  58;  also  Act  78,  S.  L.  1907  (s.  58A)  ; 
and  Brown  v.  laukea,   18  H.  140. 

Sec.  56.  Copies  Furnished  Inspectors ;  Posting^.  The  respec- 
tive boards  shall  as  soon  as  reasonably  may  be  after  the  register 
of  voters  for  any  voting  precinct  is  completed,  prepare  four 
copies  thereof  and  forward  them  to  the  chairman  of  inspectors 
of  election  for  such  precinct ;  or.  in  case  such  officer  shall  not 
then  have  been  appointed,  to  the  deputy  sheriff  of  the  district 
in  which  such  precinct  is  located. 

The  officer  receiving  such  copies  shall  retain  one  for  use  at 
the  election,  and  immediately  post  the  other  copies  in  three  pub- 
lic and  frequented  places  within  the  precinct,  for  the  inspection 
of  the  public. 

Sec.  57.  Changed,  When  and  Why.  If  it  shall  be  manifest 
to  any  board,  at  any  time,  that  the  name  of  a  person  admitted 
to  registration  has  been  accidentally  omitted  from  the  register, 
or  misspelled,  or  that  he  has  been  misnamed  therein,  such 
board  shall  immediately  remedy  such  omission  or  mistake,  and, 
if  a  copy  of  the  register  has  been  sent  to  the  election  precinct 
in  which  such  person  is  entitled  to  vote,  shall  immediately  in 
writing,  order  the  inspectors  of  election  for  such  precinct  to 
correct  such  copy  of  the  register.  Such  order  shall  set  forth  the 
reasons  for  the  action  directed  to  be  taken,  and  shall  be  retained 
and  filed  by  the  inspectors  of  election  as  a  part  of  the  records 
of  the  election.  The  power  of  revision  and  correction  hereby 
conferred,  shall  not  be  construed  to  allow  the  reopening  of  the 
question  of  the  qualifications  of  any  person  registered  by  the 
board. 

On  changing  register,  see  also  ss.  52,  55,  58;  also  Act  78,   S.  L.   1907   (s.  58A). 

See.  58.  Changed  Only  by  Board.  No  name  shall  be 
added  to  or  stricken  from  the  register  of  voters,  or  in  any  man- 
ner changed  by  the  inspectors  of  election,  except  upon  the 
written  order  of  the  board  of  registration  for  such  district. 


20  REVISED  LAWS. 

No  change  shall  be  made  in  the  copy  of  the  register  of  voters 
furnished  to  the  inspectors  by  the  board  of  registration  ex- 
cept by  the  inspectors,  upon  and  in  accordance  with  the  written 
order  of  the  board  of  registration  for  the  district.  The  name, 
date  and  reason  for  each  change  or  correction  made  shall  be 
entered  in  the  inspector's  record. 

On  changing  register  see  also  ss.  52,   55,  58;  also  Act  78,  S.  L.  1907    (s.  58A) 
For  general  discussion  of  ss.  54-58,  see  Brown  v.  laukea,  18  H.  140. 

[Sec.  58  A.]  Failure  to  Register.  (Act  78,  S.  L.  1907,  p. 
99,  Sec.  1.)  No  qualified  elector  shall  be  disqualified  from 
voting  by  reason  of  his  failure  to  register,  if  such  failure  be 
caused  by  sickness  or  absence  from  the  Territory,  during  the 
last  preceding  registration  period,  provided  that  he  shall  make 
and  present  to  the  Board  of  Registration  not  later  than  the 
day  preceding  any  election  an  affidavit  in  writing  showing 
that  his  failure  to  register  was  caused  by  such  sickness  or  ab- 
sence, and  shall  also  set  forth  in  said  affidavit  his  place  of 
residence  and  the  facts  necessary  to  show  that  he  is  a  qualified 
voter  in  said  precinct,  and  shall  prove  before  said  Board  by 
affidavit  of  two  qualified  electors  of  the  precinct  in  which  he 
offers  to  vote  that  he  is  a  qualified  elector  of  the  Territory 
and  of  the  said  precinct,  stating  the  length  of  time  said  elector 
has  resided  in  his  representative  district  and  in  the  Territory, 
and  that  such  person  offering  to  vote  was  absent  from  the 
Territory  or  by  reason  of  sickness  unable  to  register  during 
the  last  preceding  registration  period.  The  aforesaid  affidavits 
shall  be  subscribed  and  sworn  to  before  a  member  of  the 
Board  of  Registration. 

If  it  shall  appear  from  said  affidavits  and  be  manifest  to  the 
Board  of  Registration  that  said  elector  desiring  to  vote  has 
failed  to  register  because  of  sickness  or  absence  from  the  Ter- 
ritory as  aforesaid,  such  Board  shall  immediately  remedy 
such  failure  to  register  by  adding  the  name  of  such  elector  to 
the  register  of  voters,  and  if  a  copy  of  the  register  has  been 
sent  to  the  election  precinct  in  which  said  elector  is  entitled 
to  vote,  shall  immediately,  in  writing,  order  the  inspectors  of 
election  of  such  precinct  to  correct  such  copy  of  the  register 
by  adding  the  name  of  such  elector.  Such  order  shall  set 
forth  the  reasons  for  the  actions  directed  to  be  taken,  and  shall 
be  retained  and  filed  by  the  inspectors  of  election  as  a  part  of 
the  records  of  the  election. 

On  personal  appearance  and  examination  see  also  ss.  43,  44;  refusal  of  board 
to  register  ss.  50,  52 ;  changing  register,  ss.  52,  55,  57,  58 ;  generally,  ss.  46,  47,  48. 

INSPECTORS  OF  ELECTION. 

Sec.  59.  Number,  Appointment,  Vacancies.  There  shall  be 
three  inspectors  of  election  for  each  precinct.  They  shall  be 
appointed  by  the  governor,  as  far  as  reasonably  practicable, 
from  the  opposing  parties. 

In  case  of  inability,  failure  or  refusal  of  any  person  so  ap- 
pointed to  act  as  such  inspector,  the  governor  shall,  so  far  as 


REVISED  LAWS.  21 

reasonably  practicable,  appoint  a  person  to  fill  such  vacancy 
from  the  same  party  that  such  person  so  failing  to  act  be- 
longed to. 

Provided,  however,  that  if  it  is  impossible  to  communicate 
with  the  governor  in  time  for  him  to  make  such  appointment 
before  the  election  is  held,  the  remaining  inspector  or  inspec- 
tors shall  appoint  a  person  or  persons  to  fill  such  vacancy. 

Inspectors  are  appointed  and  removed  by  the  governor  with  the  consent  of  the 
senate :  Org.  Act,  s.  80. 

For  compensation  of  inspectors,  see  s.  104,  R.  L. 

Sec.  60.  Chairman;  Majority  Decides.  Unless  otherwise 
directed  by  the  governor,  the  inspector  first  named  in  the 
respective  lists  of  boards  of  inspectors,  shall  be  the  chairman 
and  shall  preside  at  all  meetings  of  the  inspectors.  A  decision 
of  a  majority  of  the  members  of  the  board  of  inspectors  shall 
be  the  decision  of  such  board. 

In  all  cases  under  the  provisions  of  this  chapter  where  duties 
are  to  be  performed  by  the  chairman  of  the  inspectors,  such 
duties  may  be  performed  by  some  other  one  of  the  inspectors, 
whenever  the  chairman  is  temporarily  absent  or  is  otherwise 
for  the  time  being  unable  to  perform  such  duties. 

Sec.  61.  Duties.  It  shall  be  the  duty  of  the  several  boards 
of  inspectors: 

1.  To  post,  as  soon  as  received,  written  or  printed  copies  of 
the  register  of  voters  received  from  the  board  of  registration, 
in  at  least  three  public  and  frequented  places  in  their  several 
precincts;  (see  s.  56.) 

2.  In  similar  manner,  to  post  all  election  proclamations  at 
least  seven  days  before  any  election,  and  at  the  opening  of  the 
polls  to  post  the  specimen  ballots  and  cards  of  instruction,  as 
in  this  chapter  required;   (see  s.  27.) 

3.  To  correct  the  copy  of  the  register  of  voters,  when,  and 
in  the  manner  ordered  by  the  board  of  registration;  (see  ss. 
57,  58.) 

4.  To  prepare  the  polling  places  in  the  manner  in  this 
chapter  required ;  preside  at  each  election  and  have  full  charge 
of  the  same  and  preserve  order  at  the  polls;  (see  s.  66  et  seq.) 

5.  To  record  the  name  of  each  person  polling  a  vote,  and 
also  check  off,  upon  the  register  of  voters  furnished  by  the 
board  of  registration,  the  name  of  each  voter  polling  a  vote; 

6.  To  ascertain  and  publicly  announce  the  result  of  the 
election;  (see  ss.  92-97.) 

7.  To  transmit  the  result  of  the  election  to  the  sheriff  of 
the  island,  except  in  the  island  of  Oahu,  where  the  result  shall 
be  transmitted  to  the  high  sheriff;  (see  ss.  97,  98.) 

8.  To  preserve  and  transmit  to  the  Secretary  of  the  Terri- 
tory all  ballots  polled,  canceled  or  unused,  together  with  all 
electoral  lists  and  records  concerning  the  election,  and  copies 
of  the  statements  of  the  result  of  the  election;  (see  s.  98.) 

9.  To  keep  a  complete  record  of  all  transactions  and  pro- 
ceedings of  the  board  of  inspectors;  (see  ss.  58,  97,  101,  102.) 


22  REVISED  LAWS. 

10,  In  case  of  the  withdrawal  or  death  of  any  candidate 
whose  name  has  been  printed  on  the  ballots,  or  nomination  of 
new  candidates,  to  post  a  notice  of  such  facts  at  the  polls;  (see 
ss.  31,  32.) 

11.  To  care  for  the  ballot  boxes  and  other  property  per- 
taining to  elections,  and  generally  to  do  and  perform  all  other 
acts,  matters  and  things  by  law  required  of  them  or  whicn  are 
necessary  or  properly  incidental  to  the  execution  of  their  duties. 

Sec.  62.  May  Administer  Oaths.  Each  inspector  of  elec- 
tions is  hereby  empowered  to  administer  any  oath  in  this  chap- 
ter provided  to  be  administered  by  the  inspectors  of  election. 

Sec.  63.  Perjury.  Any  person  taking  any  oath  in  this 
chapter  prescribed  or  authorized  to  be  administered,  and  wil- 
fully making  oath  to  any  false  statement  of  fact,  or  wilfully 
making  a  false  answer  to  any  question  put  to  him  thereunder, 
shall  be  guilty  of  perjury. 

On  perjury  see  R.  L.  c.  203 :  also  see  s.  49,  and  fdt  general  discussion  of  ss. 
59-63  see  Brown  v.  laukea,  18  H.  140. 

POLLING  PLACES,  COT^IPARTMENTS,  BALLOT 
BOXES,  ETC. 

Sec.  64.  None  Where  Liquor  Sold.  No  polling  place  shall 
be  on  any  premises  where  the  sale  of  intoxicating  liquors,  beer 
or  wine  is  licensed. 

Sec.  65.  Marking  Compartments.  The  inspectors  shall  cause 
to  be  provided  within  the  polling  apartment  not  less  than 
three  voting  shelves  or  compartments  at  or  in  which  voters 
may  conveniently  mark  their  ballots. 

Such  shelves  shall  be  so  arranged  that  in  marking  ballots 
thereon  the  voters  may  be  screened  from  the  observation  of 
others. 

A  guard  rail  shall  be  so  constructed  and  placed  that  only 
such  persons  as  are  inside  said  rail  can  approach  within  six  feet 
of  the  ballot  boxes  and  of  such  voting  shelves  or  compartments. 

The  arrangements  shall  be  such  that  neither  the  ballot  boxes 
nor  the  voting  shelves  or  compartments  shall  be  hidden  from 
the  view  of  those  just  outside  the  said  guard  rail. 

No  person  other  than  the  election  officers,  and  voters  in  the 
act  of  preparing  their  votes,  or  voting,  shall  be  admitted 
within  said  rail,  except  by  authority  of  the  inspectors  for  the 
purpose  of  keeping  order  and  enforcing  the  law. 

Each  voting  shelf  or  compartment  shall  be  kept  provided 
with  conveniences  for  marking  the  ballots. 

This  s.  is  given  as  amended  by  Act  19,   S.  L.  1907.       See  ss.  33,   79. 

Sec.  66.  Voting  Compartments.  The  inspectors  shall  pre- 
pare at  each  polling  place  a  suitable  compartment  or  space  in 
which  shall  be  placed  at  a  point  convenient  for  voters,  the  two 
ballot  boxes  herein  provided  for. 


REVISED  LAWS.  23 

Sec.  67.  Ballot  Boxes  The  Secretary  of  the  Territory  shall 
provide  two  suitable  ballot  boxes  for  each  polling  place.  One 
of  such  boxes  shall  be  marked  in  plain  letters  "For  Senators," 
and  the  other  "For  Representatives."  They  shall  bear  no 
other  device  or  mark. 

Such  boxes  shall  be  made  of  wood,  of  a  single  thickness  of 
boards,  not  over  one  inch  nor  less  three-quarters  of  an  inch  in 
thickness.  They  shall  be  smooth  inside  and  out  and  shall  have 
a  hinged  lid  fastened  securely  by  a  good  lock  or  locks.  In  the 
center  of  such  lid  there  shall  be  an  aperture  of  not  more  than 
three  inches  in  length,  and  not  over  one-quarter  of  an  inch  in 
width,  which  may  be  protected  by  a  lid  or  raised  edge. 

Brown  v.  laukea,  18  H.  140. 

BALLOTS. 

Sec.  68.  Defined.  All  elections  shall  be  held  by  ballot  only. 
A  ballot  is  a  written  or  printed,  or  partly  written  and  partly 
printed  paper  containing  the  names  of  persons  to  be  voted  for 
and  the  office  to  be  filled. 

Sec.  69.  Contents.  A  ballot  shall  contain  the  name  or 
names  of  the  person  or  persons  to  be  voted  for;  the  office  or 
offices  for,  and  the  district  in  which  the  election  is  being  held ; 
and  the  term  or  terms  of  the  respective  offices  being  voted  for. 
The  name  or  names  of  the  candidate  or  candidates  shall  be 
printed  with  the  Hawaiian  or  English  equivalent,  if  such  there 
be,  if  the  candidate  shall  so  request  the  Secretary  of  the  Ter- 
ritory in  writing  at  the  time  his  nomination  is  filed  with  the 
Secretary  of  the  Territory.  A  ballot  shall  bear  no  word,  motto, 
device,  sign  or  symbol  other  than  allowed  in  this  chapter,  and 
shall  be  so  printed  that  the  type  shall  not  show  a  trace  on 
the  back. 

See  s.  94.  R.  L.,  on  what  ballot  may  contain:  also  s.  31:  also  Brown  v.  laukea, 
18  H.  152-155.  Formerly  in  the  absence  of  s^ntu^e  to  the  contrary,  names  of  can- 
didates might  be  in  either  or  both  languages :  Re  Boss,  8  H.  478 :  Re  Election  Law, 
8  H.  592. 

Sec.  70.  Color.  The  ballots  for  senators  shall  be  of  blue 
paper  and  the  ballots  for  representatives  of  white  paper. 

Sec.  71.  For  Senators.  The  ballots  used  in  any  senatorial 
election  district  for  the  election  of  senators,  shall  be  of  uni- 
form size,  weight,  shape,  thickness  and  of  the  same  sizing  color. 
Except  as  provided  in  section  31,  the  ballots  for  each  senatorial 
district  shall  contain  the  names  of  all  candidates  for  senators 
for  such  district  who  have  been  duly  nominated  in  the  manner 
in  this  chapter  provided,  and  shall  contain  no  other  name. 

Sec.  72.  For  Representatives.  The  ballots  used  in  any  rep- 
resentative election  district  for  the  election  of  representatives, 
shall  be  of  uniform  size,  weight,  shape,  thickness,  and  of  the 
same  sizing  color.  Except  as  provided  in  section  31,  the  ballots 
for  each  representative  election  district  shall  contain  the  names 


24  REVISED  LAWS. 

of  all  candidates  for  representatives  for  such  district  who  have 
been  duly  nominated  in  the  manner  in  this  chapter  provided, 
and  shall  contain  no  other  name. 

See  Willis  v.  Kanealii,  17  H.  244;  Brown  v.  laukea,  18  H.  151.  The  secretary 
prepares  the  ballots:  ss.  74-76.  He  should  see  if  the  requirements  of  s.  31  for  a 
due  nomination  had  been  complied  with,  and  should  or  should  not  place  the  names 
of  candidates  on  the  ballots  accordingly,  and  may  be  compelled  to  do  this  by 
mandamus,  but  he  cannot  go  back  of  the  question  of  due  nomination  and  inquire  into 
the  question  of  eligibility  of  the  candidate,  nor  can  the  court  compel  him  to  omit 
the  name  of  an  ineligible  candidate:  Harris  v.  Cooper,  14  H.  145;  Chandler  v. 
Secretary,  19  H.  225.  If  a  special  election  shall  be  held  at  the  same  time  as  a 
general  election  the  ballot  may  be  either  joint  or  separate:  Re  Election  Law,  8 
H.  594. 

The  secretary  also  prepares  the  ballot  for  the  Delegate,  which  ballot,  until  the 
legislature  otherwise  provides,  shall  be  of  pink  paper  and  shall  be  of  the  same 
general  form  as  those  of  representatives :  s.  85  Org.  Act  as  amended  by  act  of  June 
28,  1906,   34  Stat,  at  L.  550. 

The  ballot  for  County  officers  is  prepared  by  the  County  Clerk,  is  of  green  color 
and  the  general  form,  arrangement,  number  and  style  of  printing  as  the  ballots  for 
senators  and  representatives.  Act  39,  c.  10,  s.  39,  S.  L.  1905.  The  City  and 
County  Clerk  of  Honolulu  performs  a  like  duty,  the  ballots  to  be  the  same  as  for 
County  officers.       Act  118,   c.   10,   s.   49,   S.  L.   1907. 

Sec.  73.  Arrangement  of  Names,  Etc.  The  names  of  the 
candidates  shall  be  placed  upon  the  ballot  in  alphabetical 
order.  A  horizontal  line  shall  be  ruled  between  each  name 
and  its  equivalent,  if  any,  and  the  next  name.  Immediately 
after  all  the  names,  on  the  right  hand  side  of  the  ballot,  a  ver- 
tical line  shall  be  ruled,  so  that,  in  conjunction  with  said  hori- 
zontal lines,  a  rectangular  space  shall  be  inclosed  opposite  each 
name  and  its  equivalent,  if  any,  of  sufficient  size  to  give  ample 
room  in  which  to  designate  the  choice  of  the  voter  in  the  man- 
ner in  this  chapter  prescribed.  All  of  the  names  upon  a  ballot 
shall  be  placed  at  a  uniform  distance  from  the  left  hand  edge 
thereof,  and  close  thereto. 

Sec.  74.  Printing"  and  Distributing.  The  ballots  shall  be 
printed  by  the  Secretary  of  the  Territory  at  government  ex- 
pense. There  shall  be  sent  to  each  precinct  not  less  than  two 
ballots  for  each  name  upon  the  register  of  voters  at  the  last 
preceding  election.  In  case  the  boundaries  of  any  precinct 
shall  have  been  changed  since  the  last  preceding  election,  the 
number  of  ballots  sent  shall  be  such  as  shall  be  estimated  by 
the  Secretary  of  the  Territory  to  be  twice  the  number  of  voters 
in  such  precinct. 

On  change  of  boundaries,  see  s.  106;  also  Org.  Act,  ss.  64.  65. 

Sec.  75.  Sealed  Until  Polls  Open.  When  printed  the  bal- 
lots shall  be  fastened  together  in  blocks  of  one  hundred  each, 
in  such  manner  that  each  ballot  may  be  detached  and  removed 
separately.  They  shall  be  forwarded  by  the  Secretary  of  the 
Territory  to  the  inspectors  in  sealed  packages,  which  shall  not 
be  opened  until  the  opening  of  the  polls  in  the  manner  in  this 
chapter  provided.  A  record  of  the  number  of  ballots  sent  to 
each  board  of  inspectors  shall  be  kept  by  the  Secretary  of  the 
Territory, 

Sec.  76.  Distributed  When.  The  ballots,  specimen  ballots, 
and  cards  of  instruction  herein  provided  for,  shall  be  sent  by 
the  Secretary  of  the  Territory  to  the  several  boards  of  inspec- 
tors so  that  they  shall  be  received  at  least  two  days  prior  to 
the  election. 


REVISED  LAWS.  25 

Sec.  77.  Blank  Ballots.  As  soon  as  practicable  after  the 
appointment  of  the  several  boards  of  inspectors,  or  immedi- 
ately after  a  special  election  is  ordered,  the  Secretary  of  the 
Territory  shall  supply  the  several  boards  of  inspectors  with 
blank  ballots  of  the  paper  and  character  and  lined  as  required 
in  this  chapter.  The  number  of  such  blanks  shall  be  at  least 
twice  as  many  as  the  number  of  voters  in  the  several  precincts 
wherein  the  election  is  to  take  place. 

In  case  of  any  miscarriage  or  default  whereby  the  printed 
ballots  in  this  chapter  provided  for  shall  not  be  available  at 
any  precinct  for  use  on  election  day,  whether  by  reason  of 
their  not  being  received  by  the  inspectors  or  of  their  destruc- 
tion or  loss,  the  inspectors  of  such  precinct  shall  ascertain,  by 
examination  upon  oath  or  otherwise,  who  the  duly  nominated 
candidates  for  such  district  are,  and  shall  cause  to  be  prepared 
upon  such  blanks  and  as  near  as  may  be  in  accordance  with 
the  directions  in  this  chapter  contained  concerning  the  ar- 
rangement of  the  names,  sufficient  ballots  for  the  purpose  of 
the  election. 

In  no  case  other  than  that  named  in  this  sectioti  shall 
such  blanks  be  used;  and  immediately  after  each  election 
the  inspectors  shall  return  all  unused  blanks  to  the  Secre- 
tary of  the  Territory. 

CONDUCT  OF  ELECTION,  VOTING,  ETC. 

See.  78.  Hours  for  Voting.  The  polls  shall  be  opened  by 
the  inspectors  at  8  of  the  clock  upon  the  morning  of  the 
election  day,  and  shall  be  kept  open  continuously  until  5 
of  the  clock  in  the  afternoon  of  said  day,  unless  all  of  the 
registered  voters  of  the  precinct  shall  have  polled  their  votes 
previously  to  that  time,  after  which  the  polls  shall  be  closed 
and  the  votes  counted  as  in  this  chapter  provided. 

Under  the  provisions  of  Act  119,  S.  L.  1907,  no  liquor  can  be  sold  during 
voting  hours  on   election   days,   except   at  a   club,   hotel  or  restaurant. 

Sec.  79.  Admission  Within  Polling  Place.  The  inspectors 
shall,  previously  to  opening  the  polls,  set  apart  a  sufficient 
space  around  the  polling  place  to  prevent  interference  with 
the  conduct  of  the  election ;  and  no  person,  other  than  the 
inspectors,  the  candidates  or  their  respective  agents,  not  more 
than  two  each,  and  such  voters,  not  exceeding  six  at  a  time, 
as  are  for  the  time  being  actually  engaged  in  voting,  shall 
be  permitted  within  the  space  so  set  apart  during  the  time 
appointed  for  voting. 

See  also  ss.  33,  and  65  as  amended  by  Act  19,  S.  L.  1907,  on  admission  within 
polling  places. 

Sec.  80.  Soldiers  at  Polls.  No  soldier  shall  go  to  the  poll- 
ing place  for  any  purpose  in  uniform ;  nor  shall  any  military 
or  other  organization  march  or  go  to  the  polling  place  in  a 
body. 

Persons  in  Territory  by  reason  of  being  in  armv  or  nhvv  cannot  vote:  Org.  Act. 
8.  63.  -  6  . 


26  REVISED  LAWS. 

Sec.  81.  Procedure  Upon  Opening-  Polls.  At  the  opening 
of  the  polls  for  election,  the  chairman  of  the  inspectors  shall, 
in  presence  of  any  bystanders,  publicly  open  the  ballot  boxes 
and  expose  them  to  all  persons  present,  that  it  may  be  seen 
that  they  are  empty.  They  shall  then  be  closed  and  locked 
and  on  no  account  opened  till  the  poll  is  closed. 

At  the  opening  of  the  polls  the  seals  of  the  packages  of 
ballots  shall  be  publicly  broken  and  the  packages  opened  bj^ 
the  chairman. 

A  card  of  instruction  detailing  the  method  of  marking 
ballots  and  of  voting,  and  a  specimen  of  each  ballot  shall  be 
immediately  posted  at  or  in  each  voting  shelf  or  compart- 
ment herein  provided  for;  and  not  less  than  three  such  cards 
and  three  specimens  of  each  ballot  shall  be  immediately 
posted  in  conspicuous  places  outside  the  polling  room. 

Sec.  82.  Method  of  Folding  Ballot.  Before  delivering  a 
ballot  to  a  voter  the  inspectors  shall  fold  it  twice,  first  across 
the  middle  so  as  to  form  a  rectangle,  and  again  in  the  same 
manner  and  in  the  same'  direction,  and  in  such  manner  as 
to  conceal  the  contents  thereof. 

Sec.  83.  Delivery  of  Ballot  to  Voter.  When  any  duly 
qualified  voter  shall  offer  to  vote,  the  chairman  of  inspectors 
shall  deliver  to  such  voter  a  ballot  or  ballots  for  representa- 
tives or  senators,  as  the  case  may  be,  properly  folded  as  in 
this  chapter  provided. 

No  one  shall  vote  unless  his  name  is  on  the  register:  Re  Election  Law,  8  H.  594. 
On  correcting  register,  see  ss.  52,  55,  58;  also  Act  78,  S.  L.  1907,   (s.  58A). 

Sec.  84.  Explanation  to  Voter.  The  inspectors  of  election 
may,  and  upon  request  shall,  explain  to  the  voter  the  mode 
of  voting. 

Sec.  85.  Method  of  Voting'.  Upon  receiving  the  ballots  so 
folded  as  aforesaid,  the  voter  receiving  the  same  shall  forth- 
with proceed  into  one  of  the  compartments  provided  for  the 
purpose,  and  shall  then  and  therein  mark  his  ballot  in  the 
manner  in  this  chapter  prescribed. 

He  shall  then  refold  the  ballot  or  ballots  in  the  same  folds 
as  it  or  they  were  in  when  handed  to  him  by  the  inspectors, 
and  shall,  without  delay  and  without  showing  or  in  any  way 
displaying  the  contents  of  the  ballot  to  anyone  except  as 
provided  in  section  90,  leave  the  compartment  and  deliver 
such  ballot  or  ballots  so  folded,  to  the  inspector  of  election 
in  charge  of  the  ballot  boxes,  who  shall  not  open  or  unfold 
the  same,  but  shall  examine  the  ends  of  the  same  sufficiently 
to  be  satisfied  that  there  is  but  one  ballot  enfolded,  where- 
upon the  ballot  or  ballots  shall  be  immediately  dropped  into 
the  proper  box  or  boxes  by  such  inspector. 

No  ballot  enclosed  in  an  envelope  or  wrapper  of  any  kind 
shall  be  received  or  counted. 

Inspnctors  must  record  and  check  off  i  the  name  of  each  person  voting:  s.  61, 
subd.  5. 


REVISED  LAWS.  27 

Sec.  86.  Method  of  Marking  Ballot.  A  voter  shall  desig- 
nate his  choice  for  senators,  representatives  and  delegate  re- 
spectively by  marking  a  cross,  thus — X,  with  a  black  lead 
pencil  in  the  righthand  space  or  spaces  provided  for  such 
purpose,  opposite  the  name  or.  names  of  the  candidate  or 
candidates  for  whom  he  desires  to  vote. 

This  s.  is  given  as  amended  by  Act  129,  S.  L.  1907. 

Sec.  87.  Secrecy  of  Ballot.  No  voter  shall  exhibit  his 
ballot  to  any  other  person,  nor  shall  any  person  look  at  or 
ask  to  see  the  contents  of  the  ballot  of  any  voter,  except  as 
provided  in  section  89;  nor  shall  any  person  within  the  space 
set  apart  for  a  polling  place  attempt  to  influence  a  voter  in 
regard  to  whom  he  shall  vote  for.  "When  a  voter  is  in  the 
balloting  compartment  for  the  purpose  of  mari^ing  his  bal- 
lot, no  other  person  shall,  except  as  provided  in  section  89, 
be  allowed  to  enter  the  compartment  or  to  be  in  a  position 
from  which  he  can  observe  how  the  voter  is  marking  his 
ballot. 

Sec.  88.  Not  to  Remove  or  Exhibit  Ballot.  No  person 
shall  take  a  ballot  out  of  the  polling  place;  and  if  any  person 
having  received  a  ballot  shall  leave  the  polling  place  with- 
out first  delivering  the  same  to  the  inspector  of  election  as 
provided  in  this  chapter,  or  shall  wilfully  exhibit  his  ballot 
except  as  provided  in  section  89,  after  the  same  shall  have 
been  marked,  he  shall  thereby  forfeit  his  right  to  vote,  and 
the  chairman  of  inspectors  shall  cause  a  record  to  be  made 
of  such  proceeding. 

Sec.  89.  Assistance  of  Disabled  Voter.  Any  voter  who, 
by  reason  of  blindness  or  other  physical  disability,  is  unable 
to  mark  his  ballot,  shall,  if  he  so  requests,  receive  the  assist- 
ance of  one  of  the  inspectors  in  the  marking  thereof.  Be- 
fore rendering  such  assistance  the  inspectors  shall  be  satisfied 
that  such  physical   disability  exists. 

Inability  througii  ignorance,  not  through  blindness,  to  read  or  write  is  not  a 
physical  disability.     Ee  Election  Law,   8  Haw.  592. 

Sec.  90.  Spoiled  Ballots.  If  a  voter  spoils  a  ballot  he 
may  obtain  one  other,  upon  returning  the  spoiled  one.  The 
ballot  thus  returned  shall  be  canceled  immediately,  and  the 
reasons  for  such  cancelation  indorsed  thereon  and  signed  by 
the  chairman  of  inspectors. 

COUNT. 

See.  91.  Count,  Public.  In  so  far  as  the  limits  of  the 
room  in  which  the  voting  takes  place  shall  reasonably  allow, 
no  person  shall  be  prevented  from  attending  the  counting 
of  the  ballots  on  election  day,  unless  it  is  necessary  so  to  do 
to  preserve  the  peace. 

Sec.  92.  Method  of  Counting:.   More  Ballots  Than  Recorded. 

Immediately  after  the  close  of  the  polls  the  chairman  of  in- 


\ 
28  REVISED  LAWS. 

speetors  shall  open  the  ballot  box  and  proceed  to  count  the 
votes  as  follows: 

The  whole  number  of  ballots  shall  first  be  counted  to  see 
if  their  number  corresponds  with  the  number  of  ballots  cast 
as  recorded  by  the  inspectors. 

If  there  are  more  ballots  than  such  record  calls  for,  the 
chairman  of  inspectors  shall  replace  all  the  ballots  in  the 
ballot  box,  and  close,  lock  and  shake  the  same  so  as  to  thor- 
oughly mix  the  ballots. 

The  box  shall  then  be  opened  and  a  cloth  laid  over  it,  and 
the  chairman  of  inspectors,  having  first  held  up  his  open 
hand  Avith  the  arm  bared  to  his  elbow,  shall  introduce  his 
hand  under  the  cloth  covering  the  ballot  box  and  draw  there- 
from, without  looking,  one  ballot  at  a  time,  until  the  number 
of  ballots  in  the  ballot  box  is  reduced  to  correspond  with 
the  number  of  names  of  voters  who  have  voted,  as  recorded 
on  the  inspectors'  list. 

The  ballots  so  removed  shall  be  marked  immediately,  be- 
fore proceeding  further  with  the  count,  in  such  manner  that 
they  can  afterwards  be  identified,  and  signed  by  the  chairman 
of  inspectors  and  shall  be  preserved  with  the  records. 

If  the  inspectors,  after  withdrawing  a  ballot  because  the  number  counted  ex- 
ceeds the  number  checked  oflf,  discover  that  they  have  omitted  to  check  off  the  name 
of  one  who  has  voted,  they  should  recount  the  ballots,  including  the  one  withdrawn: 
Mattoon  v.  Barnard,   8  H.  734. 

Sec.  93.  Not  More  Than  Recorded.  If  the  number  of 
ballots  correspond  with  the  number  of  persons  recorded  by 
the  inspectors  as  having  voted,  or  shall  be  less  than  such 
niimber,  or  shall,  by  the  means  provided  herein  have  been 
made  to  correspond  therewith,  the  inspectors  shall  then  pro- 
ceed to  count  the  vote  cast  for  each  candidate. 

Sec.  94.  Rejected  Ballots.  If  more  names  are  voted  for 
on  a  ballot  than  there  are  offices  to  be  filled;  or. 

If  on  a  ballot  for  representatives  a  larger  number  of  votes 
are  marked  than  the  law  authorizes;  or. 

If  a  ballot  contains  any  mark  or  symbol  whereby  it  may 
be  identified,  or  any  mark  or  symbol  contrary  to  the  pro- 
visions hereof;   or. 

If  two  or  more  ballots  are  found  in  the  ballot  box  so 
folded  together  as  to  make  it  clearly  evident  that  more  than 
one  ballot  was  put  in  by  one  person;  or, 

If  a  ballot  in  any  other  way  be  contrary  to  the  provisions 
hereof;  then  such  ballot  and  all  it  contains  must  be  rejected. 

But  no  ballot  shall  be  rejected  for  containing  a  less  num- 
ber of  names  voted  for  than  the  law  authorizes. 

Each  ballot  which  shall  be  held  to  be  invalid  as  aforesaid 
shall  be  indorsed  on  the  back  by  the  chairman  of  inspectors, 
with  his  name  or  initials,  and  the  word  "rejected." 

Ballots  are  invalid  if  two  are  folded  together,  whether  fraud  is  intended  or  not : 
Re  Faikuli,  8  H.  683;  or  if  the  cross  mark  is  inclosed  in  a  parenthesis:  Mattoon  ▼. 
Barnard,  8  H.  733:  Brown  v.  laukea,  18  H.  139;  or  if  the  cross  mark  is  on  the  left 
hand  side  of  the  candidate's  name:  Be  Eapahu,  8  H.  737;  or  if  the  cross  mark  is 
in  the  same  space  with  the  candidate's  name,  or  if  the  voter  writes  the  candidate's 


REVISED  LAWS.  29 

name  instead  of  making  a  cross  mark  (except  as  provided  in  s.  31,  last  paragraph), 
or  if  several  straight  lines  are  made  before  the  cross  mark:  Holstein  v.  Young,  10  H. 
216;  Brown  v.  laukea,  18  H.  139;  or  if  there  are  other  marks  of  identification, 
apparently  not  the  result  of  accident,  such  as  dots  or  check  marks;  or  if  there  are 
conspicuous  erasures;  Brown  v.  laukea,  18  H.  139;  or  if  there  is  a  small  circle  at 
or  near  one  leg  of  a  cross,  or  if  all  crosses  are  well  formed  except  one,  which  is  so 
made  as  to  be  a  distinguishing  mark:  Cornwall  v.  Kaiue,  18  H.  167;  or  where  the 
name  of  some  one  other  than  a  candidate  is  written  on  the  top  of  the  ballot:  Blake 
V.  Baker,  19  H.  267. 

But  ballots  are  not  invalid  merely  because  the  cross  mark  is  not  entirely,  if  it  is 
substantially  in  the  proper  space,  or  because  it  contains  an  inconspicuous  mark 
evidently  the  result  of  an  accident,  carelessness,  ignorance  or  want  of  skill,  and  not 
of  evil  intent,  or  because  the  cross  is  imperfectly  drawn,  the  lines  being  repeated, 
or  not  straight,  there  being  evidently  an  honest  attempt  to  make  the  prescribed 
mark;  or  because  there  are  well  made  erasures,  or  impresses  of  other  crosses,  the 
result  of  marking  one  ballot  on  top  of  another,  or  because  they  are  torn  :  Holstein 
V.  Young,  lu  H.  216;  Brown  v.  laukea,  18  H.  140-154;  Cornwell  v.  Kaiue,  18  H. 
167  ;  Blake  v.  Baker,  19  R.  267. 

Sec.  95.  Validity  of  Ballot  Decided  Immediately.  All 
questions  as  to  the  validity  of  any  ballot  shall  be  decided 
immediately,  and  the  opinion  of  a  majority  of  the  inspectors 
shall  be  final  and  binding. 

Re  Contested  Election,  15  H.  329;  if  the  courts  may  control  the  counting  of 
ballots  at  nil  at  present,  it  would  seem  to  be  bv  mandamus;  see  Mattoon  v.  Barnard, 
8  H.  733;  Harris  v.  Cooper,  14  II.  145;  Ee  dontested  Election,  15  H.  329.  On  a 
contested  county  election,  the  Supreme  Court  will  pass  on  the  validity  of  ballots 
under  the  statutes  there  applicable:  Brown  t.  laukea,  18  H.  131;  Cornwell  v. 
Kaiue,  18  H.  167;  Blake  v.  Baker,   19  H.  267. 

Sec.  96.  Ballots  Read  Aloud.  In  counting  the  votes,  the 
names  of  the  persons  voted  for  shall  be  read  in  a  loud,  clear 
voice  by  one  of  the  inspectors,  and  a  record  thereof  shall  be 
made  at  once  by  one  of  the  inspectors. 

Sec,  97.  Declaration  of  Result.  When  the  inspectors  have 
ascertained  the  number  of  votes  given  for  each  candidate 
they  shall  make  public  declaration  of  the  whole  number  of 
votes  east,  the  names  of  the  persons  voted  for,  and  the  num- 
ber  of  votes   for   each   person. 

The  chairman  of  inspectors  shall  cause  a  full  record  to  be 
made  of  the  same,  in  the  inspectors'  record  book;  one  copy 
of  such  result  shall  be  sent  to  the  sheriff  or  high  sheriff  as 
provided  in  this  chapter  and  one  copy  forwarded  to  the 
Secretary  of  the  Territory. 

Sec.  98.  Records,  Etc.;  Disposition.  At  the  comlpletion 
of  the  count  after  the  close  of  the  polls  and  the  public  an- 
nouncement of  the  same,  the  inspectors  shall  immediately, 
in  the  presence  of  the  candidates  or  of  their  agents,  and  of 
any  voters  desiring  to  be  present,  make  up  into  a  packet  all 
of  the  ballots  sent  to  the  inspectors  by  the  Secretary  of  the 
Territory,  including  all  blank  ballots  whether  used  or  not, 
and  all  printed  ballots  used,  canceled  or  rejected ;  together 
with  the  register  and  detailed  record  of  voters  received  from 
the  board  of  registration,  and  the  list  of  voters  and  all  other 
records  appertaining  to  the  election,  except  the  copies  of 
the  result  of  the  election  in  this  chapter  directed  to  be  sent 
to  the  sheriff  or  high  sheriff  and  to  the  Secretary  of  the 
Territory,  Such  packet  shall  be  sealed  by  the  inspectors 
with  their  own  seal  or  seals,  and  the  seals  of  such  candi- 
dates or  agents  of  candidates  as  may  desire  to  seal  the  same. 


30  REVISED  LAWS. 

The  inspectors  shall  thereupon  mark  such  packet  on  the 
outside  with  the  name  and  title  of  the  Secretary  of  the  Terri- 
tory, and  a  description  of  the  contents  thereof  substantially  as 
follows:  viz: — "Records  of  election  for 19..  repre- 
sentative district  number  polling  precinct  number 

,  Island  of    ,"  and  immediately  forward 

the  same  to  the  Secretary  of  the  Territory.  Such  packet  shall 
not  be  opened  or  examined  except  in  the  presence  of  a  jus- 
tice of  the  supreme  court,  and  after  such  examination  it  shall 
be  resealed  in  the  presence  of  such  justice. 

After  the  next  general  election  the  ballots  may  be  destroyed 
by  the  Secretary  of  the  Territory  and  the  other  election 
records  opened  and  filed  in  the  office  of  the  Secretary  of  the 
Territory. 

The  records  shall  be  open  to  the  inspection  of  any  voter  at  all  reasonable 
times:  s.  102. 

TABULATION  OF  RETURNS;    CERTIFICATE  OF 

ELECTION. 

Sec.  99.  Tabulation;  Certificate  of  Election.  Immediately 
upon  receiving  the  returns  of  election  from  the  several  boards 
of  inspectors  of  any  election  district,  the  high  sheriff  or 
sheriff,  as  the  case  may  be,  shall  immediately  tabulate  such 
returns  and  ascertain  the  result  of  the  election  in  such  dis- 
trict. The  number  of  persons  to  be  elected  receiving  the 
highest  number  of  votes  in  any  election  district  shall  be  de- 
clared to  be  elected,  and  the  high  sheriff  or  sheriff,  as  the 
case  may  be,  shall  immediately  deliver  to  the  persons  elected 
certificates  of  election.  A  copy  of  such  tabulated  returns 
and  of  each  certificate  of  election  shall  immediately  be  for- 
warded by  the  high  sheriff'  or  sheriff,  as  the  case  may  be,  to 
the  Secretary  of  the  Territory.  Such  copy  of  a  certificate 
sent  to  the  Secretary  of  the  Territory  shall  be  considered 
an  original. 

Ii  case  of  a  tie.  the  high  sheriff,  or  sheriff,  shall  so  notify  the  governor:  s.  29; 
see  Blake  v.  Baker,  19  H.  264. 

Sec.  100.  Certificate,  Form.  The  certificate  of  election 
prescribed  in  the  last  section  shall  be  substantially  in  the  fol- 
lowing form,  viz : 

"Certificate  of  Election. 

I,    ,   sheriff  of    (or 

high  sheriff  of  the  Territory  of  Hawaii,  as  the  case  may  be) 

do  hereby  certify  that was,  on  the day 

of  19.  .,  duly  elected  a  (senator  or  representa- 
tive, as  the  case  may  be)    for  the   

election  district  for  a  term  expiring  on  the   day  of 

A.  D.  19.. 

Witness  my  hand  this   day  of   ,  19 .  . 


Sheriff  of 

(or  high  sheriff  of  the   Territory.)" 


REVISED  LAWS. 


31 


GENERAL   PROVISIONS. 

See.  101.  Records  Prima  Facie  Evidence.  Every  record 
made  in  pursuance  of  law  by  a  board  of  registration  of  voters, 
or  a  board  of  inspectors  of  election,  shall  be  prima  facie  evi- 
dence of  the  facts  therein  set  forth,  and  shall  be  received  as 
such  in  any  court  or  tribunal  in  which  the  same  is  offered  as 
evidence. 

Sec.  102.  Records  Open  to  Inspection.  The  register  of 
voters  and  all  records  appertaininir  to  the  registry  of  voters, 
or  to  any  election,  in  the  possession  of  the  board  of  regis- 
tration, the  inspectors,  of  election,  the  high  sheriff'  or  any 
sheriff',  or  the  Secretary  of  the  Territory,  shall,  at  all  rea- 
sonable times,  be  open  to  the  inspection  of  any  voter. 

Election  records,  when  sealed  and  sent  to  the  secretary  after  an  election,  can 
be  oneiu'd  only  in  the  presence  of  a  justice  of  the  supreme  court:  s.  98;  also  see 
WllUs  V.  KaneaUi,  17  H.  247. 

Sec.  103.  Blanks  Furnished  by  Secretary.  The  Secretary 
of  the  Territory  shall  furnish  suitable  books  and  blanks  for 
the  records,  registration,  elections,  certificates,  and  returns  in 
this  chapter  provided  for,  which  shall  be  of  uniform  character. 

Sec.  104.  Expenses.  The  treasurer  shall  pay  out  of  such 
appropriations  as  may  be  made  by  the  legislature  for  election 
purposes,  to  the  members  of  the  board  of  registration,  seven 
dollars  a  day  of  not  less  than  six  hours,  for  each  day  of  actual 
service,  which  shall  include  traveling  expenses;  and  to  the 
inspectors  of  election  the  sum  of  ten  dollars  each  for  each 
election  held;  and  shall  also  pay  the  necessary  expenses  of 
preparing  the  polls  and  holding  the  election,  which  expenses 
shall  be  regulated  and  limited  by  the  treasurer  and  shall  not 
include  the  cost  of  refreshments. 

Under  a  provision  that  no  one  hnldins  more  than  one  office  should  receive  more 
than  the  salary  of  the  hig-hest,  if  the  salary  of  any  was  $]20n  or  more,  since  in- 
spectors of  election  are  officers,  it  was  held  that  dfputy  sheriffs  and  public  land 
agents,  being  officers  could  not  be  paid  as  inspectors  when  they  act  as  such,  but  that 
school  teachers  and  clerks  of  election  precincts,  being  only  employees,  could  be  paid 
as  inspectors:  Cooper's  Appeal,  11  II.  282.  This  restriction  being  no  longer  a  part 
of  the  law,  the  ruling  made  in  this  case  is  no  longer  in  force.  See  Act  150,  S.  L. 
1909.  Members  of  bonrds  of  registration  mav  be  Dnid  f'ir  actual  services  rendered 
after  Oct.   10;   cf.   s.  38;   see  Ops.  Atty.   Gen." of  Haw.,   June  2,   1908. 

CHAPTER  8.* 


ELECTION  DISTRICTS   AND   PRECINCTS. 

Sec.  105.  Description;  Voting  Places.  The  following  are 
declared  to  be  the  registration  and  election  districts  and  pre- 
cincts of  the  Territory: 

Sec  Governor's  Proclamation  for  General  Election. 

See  s.  30,  Act  39,  S.  L.  1905;  also  s.  41.  Act  118,  S.  L.  1907:  also  Act  84, 
S.  L.  1909. 


*  The  legislature  may  alter  the  election  districts  and  precincts  and  apportion 
senators  and  renresentafive':  to  be  elected  from  the  districts:  Org.  Act,  ss.  32.  38, 
65.  also  act  of  June  28.  1906.  34  Stat,  at  L.  550.  The  governor  may  alter  precincts, 
but  not  within  sixty  days  of  an  election:  s.  106,  infra.  The  governor  has  at  each 
election  made  some  chansres  in  precincts  for  the  purpose  of  the  particular  election  in 
question,  but  the  districts  and  precincts  as  given  in  this  c.  are  as  enacted  bv  Org. 
Act,  s.  64.  without  change.  As  to  precinct  in  which  one  should  register  and  vote, 
see  Org.  Act,  s.  42  and  note.  On  several  districts  and  apportionment  of  senators 
see  Org.  Act.  ss.  32,  33,  on  representative  districts  and  apportionment,  see  Org. 
Act,  ss.  38,  39.     For  the  election  districts,  see  Act  84,   S.  L.   1909. 


OF    "!"Ht 


32  REVISED  LAWS. 

Sec.  106.  Precincts,  how  changed.  Whenever  the  conven- 
ience of  electors  may  so  require,  the  governor  shall  set  apart 
two  or  more  precincts  in  each  district :  and  each  precinct  so 
established  shall  have  its  separate  polling  place ;  provided, 
that  no  change  shall  hereafter  be  made  as  to  boundaries  of 
any  precinct  within  sixty  days  of  an  election. 

Legislature  may  change  districts  and  precincts:  Org.  Act,  ss.  32,  38,  65;  also 
Act  of  June  28,  1906,   34  Stat,  at  L.  550. 

CHAPTER  9. 
OFFENSES   AGAINST   ELECTION  LAWS. 

Sec.  107.  Classes  of  Offenses.  Offenses  against  the  elec- 
tion laws  are  divided  into  two  classes,  viz.:  ''election  frauds" 
and  "misdemeanors,"  as  hereinafter  defined. 

Brown  v.  laukea,  18  H.  140. 

Sec.  108.  Election  Frauds.  The  following  persons  shall 
be  deemed  guilty  of  an  election  fraud: 

1.  Every  person  who  shall  directly  or  indirectly,  person- 
ally or  through  another,  give,  procure  or  lend,  or  agree  or 
offer  to  give,  procure  or  lend,  or  who  shall  endeavor  to  pro- 
cure, any  money  or  office  or  place  of  employment  of  valuable 
consideration  to  or  for  any  elector,  or  to  or  for  any  person 
for  an  elector,  or  to  or  for  any  particular  person  or  party, 
or  who  shall  do  any  such  act  on  account  of  any  person  having 
voted  or  refrained  from  voting  for  any  particular  person  at 
any  election. 

2.  Every  person  who  shall  directly  or  indirectly,  person- 
ally or  through  another,  make  any  such  gift,  loan,  offer,  prom- 
ise, procurement  or  agreement  as  aforesaid,  to  any  person, 
except  to  such  assistants  as  are  permitted  by  law,  in  order 
to  induce  such  person  to  procure  or  endeavor  to  procure  the 
election  of  any  person  to  the  legislature ;  or  to  procure  the 
vote  of  any  elector  at"  any  election. 

Every  person  who  shall  advance  or  pay,  or  cause  to  be 
paid,  any  money  to,  or  to  the  use  of,  any  other  person,  with 
the  intent  that  such  money,  or  any  part  thereof,  shall  be  ex- 
pended in  bribery  at  any  election,  or  for  any  purpose  con- 
nected with  or  incidental  to  any  election  other  than  the  ob- 
jects and  purposes  for  which  money  is  by  law  allowed  to  be 
expended,  excepting  only  reasonable  expenses  for  conveying 
voters  to  the  polling  places  on  election  days ;  or  who  shall 
knowingly  pay  or  cause  to  be  paid  any  money  Avholly  or 
partly  expended  in  bribery  at  any  election,  or  for  any  pur- 
pose, connected  with  or  incidental  to  any  election,  other  than 
the  objects  and  purposes  for  which  money  is  by  law  allowed  to 
be  expended. 

4.  Every  elector  who  shall,  before,  during  or  after  any 
election,  directly  or  indirectly,  personally  or  through  another, 
receive,  agree  or  contract  for  any  money,  gift,  loan  or  valu- 
able consideration,  office,  place  or  employment  for  himself  or 


REVISED  LAWS.  33 

any  other  person,  for  voting  or  agreeing  to  vote,  or  for  re- 
fraining to  vote  or  agreeing  to  refrain  from  voting,  or  for 
voting  or  refraining  to  vote  for  any  particular  person  or 
party. 

5.  Every  person  who  shall  at  any  election,  personally  or 
through  another,  or  by  any  ways  or  means  on  his  behalf,  di- 
rectly or  indirectly,  give  or  provide,  or  cause  to  be  given  or 
provided,  or  shall  be  accessory  to  the  giving  or  providing,  or 
shall  pay  wholly  or  in  part  any  expenses  incurred  for  any 
meat,  drink,  entertainment  or  provision  to  or  for  any  person 
in  order  to  be  elected,  or  for  being  elected,  or  for  procuring 
the  election  of  any  candidate,  or  for  the  purpose  of  influenc- 
ing such  person  or  any  other  person  to  vote  or  refrain  from 
voting;  or  for  voting  or  refraining  from  voting  for  any  par- 
ticular person  or  party,  at  such  election,  or  on  account  of 
such  person  having  voted  or  refrained  from  voting,  or  voted 
or  refrained  from  voting  for  any  particular  person  or  party. 

6.  Every  person  who  shall  directly  or  indirectly,  person- 
ally or  through  another,  make  use  of,  or  threaten  to  make 
use  of,  any  force,  violence  or  restraint ;  or  inflict  or  threaten 
to  inflict  any  injury,  damage  or  loss  in  any  manner,  or  in  any 
way  practice  intimidation  upon  or  against  any  person  in 
order  to  induce  or  compel  such  person  to  vote  or  refrain  from 
voting,  or  to  vote  or  refrain  from  voting  for  any  particular 
person  or  party,  at  any  election,  or  on  account  of  such  per- 
son having  voted  or  refrained  from  voting,  or  voted  or  re- 
frained from  voting  for  any  particular  person  or  party;  or 
who  shall  by  abduction,  distress  or  any  device  or  contrivance 
impede,  prevent  or  otherwise  interfere  with  the  free  exer- 
cise of  the  elective  franchise. 

7.  Every  person  who,  at  any  election,  votes  or  attempts  to 
vote  in  the  name  of  any  other  person,  living  or  dead,  or  in 
some  fictitious  name,  or  who,  having  once  voted,  votes  or 
attempts  to  vote  again,  or  knowingly  gives  or  attempts  to 
give  more  than  one  ballot  for  the  same  office  at  one  time  of 
voting. 

8.  Every  person  who,  before  or  during  an  election,  know- 
ingly publishes  a  false  statement  of  the  withdrawal  of  any 
candidate  at  such  election. 

9.  Every  person  who  induces  or  procures  any  person  to 
withdraw  from  being  a  candidate  at  an  election  in  consider- 
ation of  any  payment  or  gift,  or  valuable  consideration;  or 
of  any  threat ;  and  every  candidate  who  withdraws  from  being 
a  candidate  in  pursuance  of  such  inducement  or  procurement. 

10.  Every  public  officer  by  law  required  to  do  or  perform 
any  act  or  thing  with  reference  to  any  of  the  provisions  in 
any  law  concerning  elections  contained,  who  shall  wilfully 
fail,  neglect  or  refuse  to  do  or  perform  the  same,  or  who  shall 
wilfully  perform  it  in  such  a  way  as  to  hinder  the  objects 
thereof,  or  who  shall  be  guilty  of  any  wilful  violation  of 
any  of  the  provisions  thereof. 

See  also  R.  L.,  c.  204,  on  bribery  and  intimidation;  and  R.  L.,  c.  200,  on  false 
personation;  Brown  v.  laukea,  18  H,   140. 


34  REVISED  LAWS. 

Sec.  109.  Penalties.  Every  person  found  guilty  of  an 
election  fraud  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  or  exceeding  one  thousand  dollars,  or  by  im- 
prisonment at  hard  labor  for  any  term  not  less  than  ten  days 
or  exceeding  tv^^o  years,  or  by  both  such  fine  and  imprison- 
ment at  the  discretion  of  the  court.  Besides  such  punish- 
ment, such  person  shall  be  disqualified  from  voting  and  from 
holding  any  office  under  the  government,  and  from  being 
elected  or  occupying  a  seat  in  the  legislature.  If  the  person 
so  convicted  shall  hold  any  office  either  elective  or  appointive, 
at  the  time  of  such  conviction,  such  office  shall  at  once  and 
v^^ithout  mention  in  such  sentence  or  other  proceeding  be  va- 
cated by  such  conviction.  The  judge  or  magistrate  before 
v^hom  such  conviction  is  had  shall  immediately  transmit  to 
the  Secretary  of  the  Territory  the  name  of  such  person,  the 
offense  of  which  he  has  been  convicted  and  the  sentence  of 
the  court. 

For  other  disqualifying:  provisions,  see  ss.  2904,  2905  (duelling)  ;  8.  .  2915 
(assault  on  public  minister)  ;  s.  1125  (police  officer's  failure  to  report  leper)  ;  a. 
153  (dishonorable  discharge  from  national  guard)  :  ss.  289,  316  (one  under  civil 
disability  for  offense,  not  to  apply  for  public  land)  ;  s.  1771  (juror  after  convic- 
tion of  bribery  or  misdemeanor).  This  disqualification  does  not  result  if  the  offense 
vi^ere  committed  prior  to  the  enactment  of  this  law.  unless  there  were  a  similar 
provision  previously:  Re  Voters,  8  H.  590;  see  also  Brown  v.  laukea,  18  H.  140. 

Sec.  110.  Misdemeanors.  The  following  persons  shall  be 
guilty  of  a  misdemeanor: 

1.  Every  person,  except  such  assistants  as  are  by  law 
specifically  authorized  to  be  employed,  who  shall,  for  the 
purpose  of  promoting  or  preventing  the  election  of  any  can- 
didate at  any  election,  be  engaged  or  employed  for  payment 
or  promise  of  payment,  or  for  any  valuable  consideration,  to 
act  as  agent,  clerk  or  messenger,  or  in  any  other  capacity. 

2.  Every  person  furnishing,  hiring,  or  using  any  premises 
or  portion  thereof  licensed  to  sell  beer,  wines  or  spirits,  as 
a  committee  room  for  the  purpose  of  promoting  the  election 
of  any  candidate  at  any  election. 

3.  Every  person  who  shall  be  disorderly  or  create  a  dis- 
turbance whereby  aiiy  meeting  of  the  board  of  registration 
of  voters  or  of  the  inspectors  of  election  during  an  election 
shall  be  disturbed  or  interfered  with;  or  whereby  any  person 
who  intends  to  be  lawfully  present  at  any  such  meeting  or 
election  is  prevented  from  attending;  or  who  shall  cause  any 
disturbance  at  any  election ;  and  every  person  assisting  or 
aiding  or  abetting  any  such  disturbance. 

4.  Any  candidate  who  fails  or  neglects  to  furnish  the  list 
of  agents  prescribed  in  said  rules  and  regulations. 

5.  Every  person  who  shall,  either  in  person  or  through 
another,  in  any  manner  break  up  or  prevent,  or  endeavor  to 
break  up  or  prevent,  the  holding  of  any  meeting  of  the  board 
of  registration  of  voters,  or  in  any  manner  break  up  or  pre- 
vent, or  endeavor  to  break  up  or  prevent,  the  holding  of  any 
election. 

6.  Every  person  who,  being  a  candidate  for  election,  or  an 
agent  of  any  such  candidate,  or  a  member  of  any  committee 


COUNTY   ACT.  35 

acting  for  or  on  behalf  of  any  such  candidate,  shall  fail  to 
file  the  statement  of  expenses  or  of  lack  of  expenses,  as  re- 
quired by  law, 

7.  Every  person  who  shall  wilfully  violate  or  fail  to  obey 
any  of  the  provisions  of  law,  punishment  for  which  is  not 
otherwise   in   this   chapter  specially   provided  for. 

8.  Any  person  who  shall  wilfully  tear  down  or  destroy  or 
deface  any  election  proclamation  or  any  poster  or  notice  or 
list  of  voters  or  card  of  instructions  or  specimen  ballot,  is- 
sued or  posted  by  authority  of  law. 

See  Brown  v.  laukea,  18  H.  140. 

Sec.  111.  Penalty.  Any  person  convicted  of  a  misde- 
meanor under  the  provisions  of  this  chapter  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment at  hard  labor  for  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

Brown  v.  laukea,  18  H.  140. 

Sec.  112.  Other  Prosecutions.  Any  person  in  any  way 
violating  any  of  the  provisions  of  this  chapter  may  also  be 
prosecuted  for  the  violation  of  any  other  then  existing  law, 
rule   or  regulation. 

Brown  v.  laukea,  18  H.  140. 

COUNTY  ELECTION  LAWS. 

CHAPTER  10,  ACT  39,  SESSION  LAWS  1905.* 

ELECTIONS. 

Sec.  29.  The  general  laws  and  rules  governing  the  elec- 
tion of  Senators  and  Representatives  of  the  Territory  shall 
apply  in  the  election  of  County  Officers  wherever  applicable 
except  as  herein  provided. 

Section  30.  The  precincts  and  polling  places  established 
or  as  may  be  established  by  the  laws  of  the  Territory  for  the 
election  of  Senators  and  Representatives  shall  constitute  the 
precincts  and  polling  places  for  the  election  of  County  Officers, 
provided,  however,  that  in  places,  where  under  the  existing 
division  of  precincts,  voters  in  dift'erent  Districts  vote  at  the 
same  polling  place,  the  Governor  is  hereby  required  to  change 
the  polling  places  within  each  District  so  as  to  allow  the 
voters  of  such  District  to  vote  within  the  District  in  which 
they  are  registered. 

See  ss.  25,  105,  106,  R.  L. ;  also  s.  41,  Act  118,  S.  L.  1907;  also  Act  84, 
S.  L.  1909. 


*  This  chapter  nnd  the  next  concern  the  election  of  officers  for  the  counties  of 
Hawaii,  Maui,  Kauai,  and  Kalawao.  In  the  latter  county  only  a  sheriff  is  elected, 
c.  2,  Act  39,  S.  L.  1905.  For  a  designation  of  the  officers  to  be  elected,  in  the 
other  counties  named,  see  c.  6,  Act  39,  S.  L.  1905,  as  amended  by  s.  1,  Act  54, 
S.  L.  1905,  and  by  Act  58,  S.  L.  1909. 


36  COUNTY   ACT. 

Section  31.  All  persons  duly  registered  under  the  laws  of 
the  Territory  to  vote  for  Senators  and  Representatives  shall 
be  qualified  to  vote  for  County  officers  in  the  County  in 
which  such  voters  reside. 

Section  32.  No  special  Board  of  Registration  shall  be  re- 
quired for  the  registration  of  voters  for  County  officers,  but 
such  voters  may  register  before  the  Boards  of  Registration 
provided  by  the  laws  of  the  Territory  relative  to  the  election 
of  Senators  and  Representatives. 

Sec.  33.  Nominations  shall  be  deposited  with  the  County 
Clerk  not  less  than  Twenty  (20)  days  prior  to  election;  each 
nomination  shall  be  accompanied  by  a  deposit  of  Twenty-five 
(25)  Dollars  on  account  of  expenses  of  election,  which  shall 
be  paid  to  the  County  Treasurer.  f 

See  Blake  v.  Baker,  19  H.  267.  . 

Sec.  34.  The  returns  of  election  of  County  officers  to- 
gether with  the  ballots,  lists  and  records  concerning  the  elec- 
tion of  County  officers  and  copies  of  the  statements  concern- 
ing the  results  of  such  election  shall  be  transmitted  to  the 
County  Clerk  of  the  County  in  which  such  election  is  held, 
and  shall  be  preserved  by  him  according  to  law. 

See  s.  98,  R.  L.,  and  s.  45,  Act  118,  S.  L.  1907. 

Sec.  35.  If  it  shall  appear  by  the  returns  made  that  there 
has  been  a  failure  of  election  of  any  County  officer  by  rea- 
son of  a  tie  vote  between  two  or  more  candidates,  a  special 
election  to  fill  such  vacancies  shall  be  ordered  by  the  Board 
of  Supervisors,  which  shall  be  held  in  the  manner  required 
for  a  general  election. 

See  Blake  v.  Baker,  19  H.  267,  and  s.  46,  Act  118,  S.  L.  1907. 

Sec.  36.  At  least  sixty  days  before  a  general  election  and 
forty  days  before  a  special  election,  the  Board  of  Supervisors 
shall  issue  a  proclamation  concerning  County  elections  and 
transmit  copies  of  the  same  to  the  several  Boards  of  In- 
spectors throughout  their  County  and  such  proclamation  shall 
be  posted  in  the  manner  required  by  law. 

See  ss.  25-27,  R.  L.,  and  s.  47,  Act  118,  S.  L.  1»07. 

Sec.  37.  Ballot  boxes  required  for  the  election  of  County 
officers  shall  be  furnished  by  the  Board  of  Supervisors,  said 
boxes  to  be  marked  ''County  Officers." 

See  s.  67,  R.  L.,  and  s.  48,  Act  118,  S.  L.  1907. 

Sec.  38.  •  The  County  Clerk  shall  prepare  the  ballots  to 
be  used  at  elections  for  County  officers  and  shall  furnish  the 
same,  to  the  Board  of  Supervisors  at  least  two  days  prior  to 
the  election.  The  ballots  shall  be  of  green  paper  and  their 
general   form,    arrangement,    number    and    style    of   printing 


COUNTY  ACT.  i7 

shall  be  as  prescribed  by  law  for  ballots  for  Senators  and 
Representatives. 

See  ss.  70-74,  R.  L.,  and  s.  49,  Act  118,   S.  L.  1907. 

Sec.  39.  Upon  receiving  returns  of  election  the  County 
Clerk  shall  immediately  tabulate  the  same  and  ascertain  the 
result  of  the  election ;  such  tabulation  shall  be  made  in  the 
presence  of  any  candidate  or  his  agent  who  desires  to  be 
present.  The  number  of  persons  to  be  elected  receiving  the 
highest  number  of  votes  shall  be  declared  elected,  and  the 
County  Clerk  shall  immediately  deliver  to  the  persons  elected 
certificates  of  election.  All  expenses  for  the  election  of 
County  officers  shall  be  borne  by  the  County,  including  the 
salaries  of  inspectors  of  elections,  in  cases  where  the  election 
is  for  County  Officers  only,  except  the  expenses  of  the  special 
election  of  1905. 

See  s.   99,  R.  L.,  and  s.  50,  Act  118,   S.  L.  1907. 

CHAPTER  11,  ACT  39,  SESSION  LAWS  1905. 

•  CONTESTS. 

Sec.  40.  All  questions  as  to  the  validity  of  any  ballot  cast 
at  any  election  held  hereunder  shall  be  decided  immediately 
and  the  opinion  of  the  majority  of  the  Board  of  Inspectors 
of  Elections  at  each  polling  precinct  shall  be  final  and  bind- 
ing, subject  to  revision  by  the  Supreme  Court  of  the  Terri- 
tory as  hereinafter  provided. 

See  ss.  94,  95,  R.  L.,  and  notes:  also  c.  11,  Act  118.  S.  L.  1907:  also  WilllB 
V.  Kanealii,  17  H.  243;  Brown  v.  laukea,  18  H.  131:  Logan  v.  Kealoha,  18  H. 
059;  Cornwell  v.  Kaiue,  18  II.  107;  Blake  v.  Baker,  19  II.  207. 

See.  41.  Any  candidate  directly  interested,  or  any  thirty 
duly  qualified  voters  of  any  election  district,  may  file  a  peti- 
tion in  the  Supreme  Court  of  the  Territory  setting  forth  any 
cause  or  causes  why  the  decision  of  any  Board  of  Inspectors 
should  be  reversed,  corrected  or  changed. 

See  Kiilike  v.  Fern,  19  H.  278. 

Sec.  42.  Such  petition  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Supreme  Court  within  thirty  days  following  the 
election  proposed  to  be  contested  and  shall  be  accompanied 
by  a  deposit  of  Twenty-five   (25)  Dollars  for  costs  of  Court. 

Sec.  43.  The  Clerk  shall  thereupon  issue  to  the  respondents 
named  in  such  petition  a  summons  to  appear  before  the  Su- 
preme Court  within  fourteen  days  after  the  service  thereof. 

Sec.  44.  Such  petition  shall  be  heard  by  the  Court  in  term 
time  or  vacation. 

Sec.  45.  On  the  return  day,  the  Court,  upon  its  own  mo- 
tion, or  otherwise,  may  direct  summons  to  be  issued  to  any 
person  or  persons  who  may  be  interested  in  the  result  of  the 
procedings. 


38  MUNICIPAL  ACT. 

Sec.  46.  At  the  hearing,  the  Court  shall  cause  the  evidence 
to  be  reduced  to  writing  and  shall  give  judgment,  stating  all 
findings  of  facts  or  law.  Such  judgment  may  invalidate  the 
election  on  the  grounds  that  a  correct  result  cannot  be  ascer- 
tained because  of  a  mistake  or  fraud  on  the  part  of  Inspectors 
of  Election;  or  decide  that  a  certain  candidate,  or  certain 
candidates,  received,  a  majority  or  plurality  of  the  votes 
cast  and  were  elected.  If  such  judgment  should  be  that  the 
election  was  invalid,  a  certified  copy  thereof  shall  be  filed 
with  the  Governor  of  the  Territory  or  the  Board  of  Super- 
visors, as  the  case  may  be,  and  he  or  they  shall  call  a  new 
election  within  sixty  days  after  filing  such  judgment;  and  if 
the  Court  shall  decide  which  candidate  or  candidates  have 
been  elected  a  copy  of  such  judgment  shall  be  served  on  the 
Secretary  of  the  Territory  or  the  County  Clerk,  as  the  case 
may  be,  and  the  officer  herein  thereto  authorized  to  deliver 
certificates  of  election  shall  sign  and  deliver  to  such  candi- 
date or  candidates  certificates  of  election,  and  the  same  shall 
be  conclusive  of  the  right  of  the  candidate  or  candidates  to 
the  office. 

See  note  to  s.   40  above. 

Sec.  47.  The  decision  of  the  Court  concerning  any  ques- 
tion properly  involved  in  any  such  petition  and  proceeding 
shall  be  final  and  binding  upon  all  parties. 

Sec.  48.  The  Court  shall  have  power  to  compel  the  at- 
tendance of  witnesses,  to  punish  contempts  and  to  do  what- 
soever else  may  be  necessary  to  fully  determine  the  pro- 
ceedings. 

Sec.  49.  The  costs  shall  be  the  same  as  in  trials  in  the 
Circuit  Court  at  Chambers. 

Sec.  50.  The  Court  may  make  such  special  rules  as  it  may 
find  necessary   or  proper. 

CITY  AND   COUNTY  ELECTION  LAWS. 

CHAPTER  10,   ACT,   118,   SESSION  LAWS  1907.* 

ELECTIONS. 

Sec.  40.  The  general  laws  and  rules  governing  the  election 
of  Senators  and  Representatives  of  the  Territory  shall  apply 
in  the  election  of  City  and  County  Officers  wherever  appli- 
cable except  as  herein  provided. 

Sec.  41.  The  precincts  and  polling  places  established  or 
as  may  be  established  by  the  laws  of  the  Territory  for  the 


*  This  chapter  and  the  next  concern  the  election  of  officers  for  the  city  and 
county  of  Honolulu.  For  a  designation  of  the  officers  to  he  elected  see  c.  6,  Act  118, 
S.  L.  "l907. 

The  act  of  which  these  chapters  form  a  part  was  held  valid,  with  the  exception 
of  ss.  42  and  70,  in  Emmeluth  v.  Supervisors,  19  H.  171. 


MUNICIPAL  ACT,  39 

election  of  Senators  and  Representatives,  shall  constitute  the 
precincts  and  polling  places  for  the  election  of  City  and 
County  officers. 

See  ss.  25,  105,  106,  R.  L.,  also  s.  30,  Act  39,  S.  L.  1905:  also  Act  84,  S.  L. 
1909.  For  the  election  of  a  mayor,  the  whole  city  and  county  is  considered  as  one 
district.     Kulike  v.  Fem,  19  H.  278. 

Sec,  42.  (Held  void  in  Emmeluth  vs.  Supervisors:  19  H. 
171). 

Sec.  43.  No  special  Board  of  Registration  shall  be  re- 
quired for  the  registration  of  voters  for  City  and  County 
Officers,  but  such  voters  may  register  before  the  Board  of 
Registration  of  the  Territory  in  said  City  and  County  in  the 
manner  provided  by  the  laws  of  the  Territory  relative  to 
registration  for  the  election  of  Senators  and  Representatives. 

Sec.  44.  Nominations  for  City  and  County  Officers  shall 
be  deposited  with  the  City  and  County  Clerk  not  less  than 
twenty  (20)  days  prior  to  election;  each  nomination  shall  be 
accompanied  by  a  deposit  of  Twenty-five  ($25.00)  Dollars  on 
account  of  expenses  of  election,  which  shall  be  paid  to  the 
City  and  County  Treasurer. 

Sec.  45.  The  returns  of  election  of  City  and  County  Officers, 
together  with  the  ballots,  lists  and  records  concerning  the 
election  of  City  and  County  Officers,  and  copies  of  the  state- 
ments concerning  the  results  of  such  election,  shall  be  trans- 
mitted to  the  City  and  County  Clerk,  and  shall  be  preserved 
by  him  according  to  law. 

See  s.  98,  R.  L.,  and  s.  34,  Act  39,  S.  L.  1905. 

Sec.  46.  If  it  shall  appear  by  the  returns  made  that  there 
has  been  a  failure  of  election  of  any  City  and  County  Officer 
by  reason  of  a  tie  vote  between  two  or  more  candidates,  a 
special  election  to  fill  such  vacancies  shall  be  ordered  by  the 
Mayor,  which  shall  be  held  in  the  manner  required  for  a 
general  election. 

See  s.  35,  Act  39,  S.  L.  1905,  and  Blake  v.  Baker,  19  H.  267. 

Sec.  47.  At  least  forty  days  before  a  general  election  and 
thirty  days  before  a  special  election,  the  Mayor  shall  issue 
a  proclamation  concerning  the  City  and  County  elections  and 
transmit  copies  of  the  same  to  the  several  Boards  of  Inspec- 
tors throughout  the  City  and  County,  and  such  proclamation 
shall  be  posted  in  the  manner  required  by  law\ 

See  ss.  25-27,  R.  L.,  and  s.  36,  Act  39,  S.  L.  1905. 

Sec.  48.  Ballot  boxes  required  for  the  election  of  City  and 
County  Officers  shall  be  furnished  by  the  City  and  County 
Clerk.  Such  boxes  shall  be  marked  in  plain  letters,  "City 
and  County  Officers." 

See  s.  67,  R.  L.,  and  s.  37,  Act  39,  S.  L.  1905. 


40  MUNICIPAL  ACT. 

See.  49.  The  City  and  County  Clerk  shall  prepare  the  bal- 
lots to  be  used  at  election  for  City  and  County  Officers,  and 
shall  furnish  the  same  to  the  several  Boards  of  Inspectors  at 
least  two  days  prior  to  the  election.  The  ballots  shall  be  of 
green  paper  and  their  general  form,  arrangement,  number 
and  style  of  printing  shall  be  as  prescribed  by  law  for  bal- 
lots for  Senators  and  Representatives. 

See  ss.  70-74,  R.  L.,  and  s.  38,  Act  39,  S.  L.  1905. 

Sec.  50.  Upon  receiving  returns  of  election,  the  City  and 
County  Clerk  shall  immediately  tabulate  the  same  and  as- 
certain the  result  of  the  election;  such  tabulation  shall  be 
made  in  the  presence  of  any  candidate  or  his  agent  who  de- 
sires to  be  present.  The  person  receiving  the  highest  number 
of  votes  shall  be  declared  elected,  and  the  City  and  County 
Clerk  shall  immediately  deliver  to  the  persons  elected  Cer- 
tificates of  Election.  All  expenses  for  the  election  of  City 
and  County  Officers  shall  be  borne  by  the  City  and  County. 

See  s.  99,  R.  L.,  and  s.  39,  Act  39,   S.  L.  1905. 

See.  51.  There  shall  be  held  in  the  City  and  County  of 
Honolulu,  on  the  first  Tuesday  after  the  first  Monday  of  No- 
vember, in  the  year  One  Thousand  Nine  Hundred  and  Eight, 
and  in  every  second  year  thereafter,  an  election  to  be  known 
as  the  "City  and  County  Election."  At  said  elections  there 
shall  be  elected  by  the  electors  of  the  City  and  County  of 
Honolulu,  the  following  officers:  The  Mayor,  seven  Super- 
visors, an  Auditor,  Treasurer,  City  and  County  Attorney, 
City  and  County  Clerk  and  Sheriff.  And  there  shall  also  be 
elected  in  each  District  a  Deputy  Sheriff. 

Sec.  52.  All  of  the  officers  of  the  City  and  County  of  Hono- 
lulu who  shall  be  elected  in  the  year  One  Thousand  Nine 
.Hundred  and  Eight,  imder  the  provision^  of  this  Charter,  shall 
hold  office  only  until  the  hour  of  noon  on  the  first  Monday 
after  the  First  day  of  January,  in  the  year  Nineteen  Hundred 
and  Eleven. 

Sec.  53.  The  officers  first  elected  as  aforesaid  under  this 
Charter  shall  take  office  at  noon  on  the  first  Monday  after  the 
first  day  of  January  following. 

Sec.  54.  The  Mayor  shall  issue  his  proclamation  and  pub- 
lish the  same  in  one  or  more  newspapers  for  at  least  twenty 
days  previous  to  the  day  in  each  year  on  which  the  City  and 
County  election  is  to  be  held  under  this  Charter,  calling  upon 
the  electors  of  the  City  and  County  to  meet  for  the  purpose 
of  electing  such  officers  as  are  provided  for  in  this  Charter, 
reciting  in  such  proclamation  the  different  officers  to  be  elected 
at  such  election. 

See  s.  47,  above  and  note. 

Sec.   55.     There   shall  be  three  Inspectors   of  Election  for 


MUNICIPAL  ACT.  41 

each  precinct,  who  shall  be  appointed  by  the  Mayor  as  far  as 
practicable  from  opposing  political  parties. 

CHAPTER  11,  ACT   118,   SESSION  LAWS  1907. 

CONTESTS. 

Sec.  56.  All  questions  as  to  the  validity  of  any  ballot  cast 
at  any  election  held  under  this  Act  shall  be  decided  imme- 
diately and  the  opinion  of  the  majority  of  the  Board  of  In- 
spectors of  Election  at  each  polling  precinct  shall  be  final  and 
binding,  subject  to  revision  by  the  Supreme  Court  of  the 
Territory  as  hereinafter  provided. 

See  ss.  94,  95,  R.  L.,  and  notes:  also  c  Tl.  Act  39.  S.  L.  1905;  also  WilUs  v. 
Kanealli,  17  H.  243:  Brown  v.  laukea,  18  H.  lai:  Comwell  v.  Kaiue,  18  H.  167; 
Logan  V.  Kealoha,  18  H.  ()59 :  Blake  v.  Baker,  19  H.  267. 

Sec.  57.  Any  candidate  directly  interested,  or  any  thirty 
duly  qualified  voters  of  any  Election  District  may  file  a  peti- 
tion in  the  Supreme  Court  of  the  Territory  setting  forth  any 
cause  or  causes  why  the  decision  of  any  Board  of  Inspectors 
should  be  reversed,  corrected  or  changed. 

See  Kiilike  v.  Fern,  19  H.  278. 

Sec.  58.  Such  petition  shall  be  filed  in  the  office  of  the 
Clerk  of  the  Supreme  Court  within  thirty  days  following  the 
election  proposed  to  be  .contested  and  shall  be  accompanied 
by  a  deposit  of  Twenty-five  ($25.00)  Dollars  for  cost  of  Court. 

Sec.  59.  The  Clerk  shall  thereupon  issue  to  the  respondents 
named  in  such  petition  a  summons  to  appear  before  the  Su- 
preme Court  within  ten  days  after  the  service  thereof. 

Sec.  60.  Such  petition  shall  be  heard  by  the  Court  in  terra 
time  or  in  vacation. 

Sec.  61.  On  the  return  day,  the  Court,  upon  its  motion  or 
otherwise,  may  direct  summons  to  be  issued  to  any  person  or 
persons  who  may  be  interested  in  the  result  of  the  proceed- 
ings. 

Sec.  62.  At  the  hearing,  the  Court  shall  cause  the  evidence 
to  be  reduced  to  writing  and  shall  give  judgment,  stating  all 
findings  of  facts  and  of  law.  Such  judgment  may  invalidate 
the  election  on  the  grounds  that  a  correct  result  cannot  be 
ascertained  because  of  a  mistake  or  fraud  on  the  part  of  the 
Inspectors  of  Election  ;  or  decide  that  a  centain  candidate,  or 
certain  candidates  received  a  majority  or  plurality  of  the 
votes  cast  and  were  elected.  If  such  judgment  should  be  that 
the  election  was  invalid,  a  certified  copy  thereof  shall  be  filed 
with  the  Mayor,  and  he  shall  duly  call  a  new  election  to  be 
held  within  sixty  days  after  filing  such  judgment ;  and  if  the 
Court  shall  decide  which  candidate. or  candidates  have  been 
elected  a  copy  of  such  judgment  shall  be  served  on  the  City 


42  MUNICIPAL  ACT. 

and  County  Clerk,  and  the  officer  herein  thereto  authorized  to 
deliver  certificates  of  election  shall  sign  and  deliver  to  such 
candidate,  or  candidates  certificates  of  election,  and  the  same 
shall  be  conclusive  of  the  right  of  the  candidate  or  candidates 
to  the  office. 

See  note  to  s.  56  above. 

Sec.  63.  The  Court  shall  have  power  to  compel  the  at- 
tendance of  witnesses,  to  punish  contempts  and  to  do  what- 
soever else  may  be  necessary  to  fully  determine  the  proceed- 
ings and  to  enforce  its  decrees  therein. 

Sec.  64.  The  costs  shall  be  the  same  as  in  trials  in  the 
Circuit  Court  at  Chambers. 

Sec.  65.  The  Court  may  make  such  special  rules  as  it  may 
find  necessary  or  proper. 


INDEX 


(References   to   section  numbers   are   to   sections   of  the   Revised  Laws, 
unless  otherwise  specified.) 

Page. 

APPEAL  from  ruling  of  board  of  registration,  ss.  50,  51,  52 18 

ARMY,  members  of,  may  not  vote,  s.  63,  Organic  Act 7 

ARREST,  electors  exempt  when,  s.  57,  Organic  Act 8 

ASSISTANCE,   of   disabled  voters,   s.   89 2/ 

ASSISTANTS,  at  polls,  s.  33 14 

BALLOTS, 

arrangement,  s.  73 24 

blank,    s.    77 25 

contents  of,  s.  69 23 

count  of.  ss.  91,  92,  97 27,  28,  29 

defined,  s.  68 23 

delivery  of,  to  voter,  s.  83 26 

disposition  of,  s.  98,  s.  39  County  Act,  s.   50  Municipal  Act 

29,  37,  40 

folded  together,  s.  94 28 

folding  of,  s.  82 26 

for  county  officers,  s.  38,  County  Act 36 

city  and  county  officers,  s.  49,  Municipal  Act 40 

delegate,  s,  85,  Organic  Act 7 

legislators,   ss.   70,   71,   72 \  .  23 

method  of  marking,  ss.  86,  89 27 

method  of  voting,  s.  85 26 

names  of,  Hawaiian  equivalent,  s.  69 23 

not  to  be  exhibited,  ss.  88,  89 27 

not  to  be  taken  from  polling  place,  s.  88 27 

number  sent  each  precinct,  s.  74 24 

rejected,  when,  s.  94 28 

sealed,  s.  75 24 

secrecy  of,  ss.  87,  88,  89 27 

spoiled,  s.  90 27 

symbols  or  marks  on,  ss.  69,  94 23,  28 

validity  of,  territorial,  ss.  94,  95 28,  29 

county,  s.  40,  County  Act 37 

city  and  county,  s.  56,  Municipal  Act 41 

printing  and  distributing  of,  Territorial,  ss.  74,  76 24 

County,  s.  38,  County  Act 38 

City  and  Countj^,  s.  49,  Municipal  Act 40 

BALLOT  BOXES,  s.  67,  s.  37     County  Act,  s.  48  Municipal  Act .  . 

23,  36,  39 

opened,  how,  s.  92 27,  28 

BOARD  OF  REGISTRATION, 
(See  Registration  Board) 


44  INDEX. 

Page. 
BOUNDARIES, 

of  election   districts,  s.   64,  Organic  Act,   s.   105 11,  31 

legislature  may  alter,  s.  65,  Organic  Act 11 

of  precincts,  ss.  105,  106 31,  32 

CANDIDATES, 

assistants  at  polls,  s.  33 14 

death  of,  s.  31 14 

expenses  of,  statement,  ss.  34,  35 14 

what  legal,  s.  36 15 

nomination  of,  Territorial,  s.  31 ' 13 

County^  s.  33,  County  Act 36 

City  and  County,  s.  44,  Municipal  Act 39 

withdrawal  of,  s.  31 13 

CERTIFICATE  OF  ELECTION, 

form  of,  s.  100 30 

.  •  issuance  of,  delegate,  s.  85,  Organic  Act 7,  8 

legislators,  s.  99 30 

county,  s.  39,  County  Act 37 

city  and  county,  s.  50^  Municipal  Act 40 

sent  to  secretary  of  Territory,  s.  99 30 

CITIZENS,  who  are,  ss.  4,  100,  Organic  Act 5 

qualifications  of,  s.  4,  Organic  Act 5 

CITY  AND  COUNTY  ELECTIONS, 

ballots,   how   prepared,    s.    49,    Municipal   Act 40 

validity,   s,   56,   Municipal   Act 41 

ballot  boxes,  s.   48,  Municipal  Act 39 

clerk,  tabulates  returns,  s.  50,  Municipal  Act 40 

contests,  s.  56  et  seq..  Municipal  Act 41 

election,  failure  of,  s.  46,  Municipal  Act 39 

general  laws  govern,  s.  40,  Municipal  Act 38 

inspectors  of,  s.  55,  Municipal  Act 40 

mayor  issues  proclamation,  ss.  47,  54,  Municipal  Act 39,  40 

nominations  of  candidates,  s.  44,  Municipal  Act 39 

precincts  and  polling  places,  s.  41,  Municipal  Act 38 

proclamation,  ss.  47,  54,  Municipal  Act 39,  40 

register  of  A'oters,  s.  43.  Municipal  Act 39 

returns,  how  made,  s.  45,  Municipal  Act 39 

tie  vote,  s.   46,  Municipal  Act 39 

voters  at,  s.  43,  Municipal  Act 39 

CIVIL  RIGHTS, 

loss   of,   disqualifies,   s.    18,   Organic   Act 6 

CONGRESS,  delegate  to,  s.  85,  Organic  Act 7 

qualifications  of  delegate,  s.  85,  Organic  Act 7 

COUNT  OF  BALLOTS, 

declaration  of  result,  s.  97 29 

method,  ss.  92,  93 27,  28 

public,  s.  91 27 

COUNTY  ELECTIONS, 

ballots,  how  prepared,  s.  38,  County  Act 36 

validity  ,of ,  s.  40,  County  Act 37 

ballot  boxes,  s.  37,  County  Act 36 

candidates  may  appeal,  s.  41,  County  Act 37 

contests,  s.  40  et  seq..  County  Act 37 


INDEX.  45 

Page. 

county  clerk,  tabulates  returns,  s.  39,  County  Act 37 

general  laws  govern,  s.  29,  County  Act 35 

nominations,  s.  33,  Coui^ty  Act 36 

precincts  and  polling  places,  s.  30,  County  Act 35 

proclamation,  s.  36,  County  Act 36 

returns,  how  made,  ss.  34,  39,  County  Act 36,  37 

register  of  voters,  s.  32,  County  Act 36 

voters  at,  s.  31,  County  Act 36 

DELEGATE  TO  CONGEESS,  s.  85,  Organic  Act 7 

ballots  for,  s,  85,  Organic  Act 8 

conduct  of  election  of,  s.  85,  Organic  Act 8 

qualifications  of,  s.  85,  Organic  Act 7 

rights  of,  in  Congress,  s,  85,  Organic  Act 8 

vacancy  in  office  of,  how  filled,  s.  85,  Organic  Act 8 

DISQUALIFICATIONS, 

of  office  holders,  ss.  16,  17,  18,  Organic  Act 8,  6 

of  voters,  general,  s.  18,  Organic  Act 6 

army  and  navy,  s.  63,  Organic  Act 7 

ELECTIONS, 

certificates  of  election- 
form,  s.  100 30 

issuance,  s,  99,  s.  39  County  Act,  s.  50  Municipal  Act, 

s.   85,  Organic  Act 30,  37,  40,  8 

City  and  County  (See  City  and  County  Elections). 
County  (See  County  Elections). 

expenses,  of  candidates,  ss.  34-36 14,  15 

of  election,  s.  104 31 

failure  of,  s.  29 '. 13 

frauds  in,   s,  108 , 32 

general,  when  held,  s.  14,  Organic  Act 7 

hours  for  voting,  s.  78 25 

laws  governing,  legislature  may  alter 11 

opening  of  polls,  procedure,  s.  81 26 

time,  s.  78 25 

polling  places,  admission  to,  s.  79 25 

result  of  declared,  s.  97 29 

returns   tabulated,   s.  99,   s.   39   County   Act,   s.   50   Municipal 

Act    30,   37,  40 

made    to,    s.    98,    s.    34    County    Act,    s.    45    Municipal 

Act    29,  36,  39 

special,  when  called,  s.   14   Organic  Act,  s.  29,   s.  46  County 

Act,  s.  62  Municipal  Act 7,  13,  38,  41 

how   called,   s.   28,   s.   46   County  Act,   s.   62   Municipal 

Act    13,  38,  41 

soldiers  and  organizations  at  polls,  s.  80 25 

tie  votes,  s.  29,  s.  35  County  Act,  s.  46  Municipal  Act. .  .13,  36,  39 

voters,  privileges  of,  ss.  57,  58,  Organic  Act 8,  9 

ELECTORS  (See  Voters). 

EMPLOYEES,   government,   not   eligible   for  legislature,   s.   17,   Or- 
ganic Act   8 

EXPENSES  of  candidates,  what  legal,  s.  36 15 

statement  of,  s.  34 14 

of  elections,  s.  104 31 


46 


INDEX. 


Page. 

I'EAUD,  election,  s.  108 32 

penalties,    s.    109 34 

GOVEENOE, 

Boards  of  registration, 

appoints,  s.  37 15 

removes,  note  s.  37 15 

certifies  election  of  delegate,  s.  85,  Organic  Act 8 

General  election  proclamation,  issued  by,  ss.  25,  26 12 

Inspectors  of  election, 

appointment  and  removal,  s.  59 20 

precincts,  may  change,  s.  106 32 

Polling  places,  shall  change,  when,  s.  30,  County  Act 35 

Special  elections,  may  order,  ss.  14,  85,  Organic  Act 7,  8 

in  case  of  tie,  s.  29 13 

in  case  of  vacancy,  s.  28 13 

HIGH  SHEELPF  (See  Sheriff)! 

HOUSE    OF    EEPEESEXTATIVES    (See    Legislature,    Eepresenta- 
tives.) 

IDIOTS  may  not  vote,  s.  18,  Orgai^ic  Act 6 

IXSANE  persons  may  not  vote,  s.  18,  Organic  Act 6 

IXSPECTOES  OF  ELECTION, 

appointment,  s.  59,  s.  55  Municipal  Act 20,  40 

assistance  of  disabled  voter,   s.   89 27 

assistants  of  candidates,  list  furnished  to,  s.  33 14 

chairman,    s.   60 21 

compartments,  voting,  ss.  65,  66 22 

compensation,    s.    104 31 

decisions  by,   s.   60 21 

duties, 

general,  s.  61 21 

respecting  ballots,  ss.  68-77 23-25 

(also  see  "Bajlots") 
city  and  county  elections,  ss.  40,  45-49,  56,  Municipal 

Act    38,   39,  41 

compartments  for  voting,  ss.  65,  66 22 

conduct  of  elections,  ss.  78-90 25-27 

county  elections,  ss.  29,  34,  40,  County  Act 35,  36,  37 

death  of  candidates,  ss.  31,  32 14 

election  results,  s.  97 29 

explanations  to  voters,  s.  84 26 

nominations  in  case  of  death  or  withdrawal,  ss   31,  32. .     14 

polling  places,  ss.  78-81 25,  26 

records,    ss.    98,    101 29,  31 

register  of  A^oters,  changing,  ss.  58,  58A 19,  20 

returns  of  elections,  s.  97 29 

voters,  assistance  of,  s.  89 27 

explanations  to,  s.  84 26 

voting,  compartments  for,  ss.  65,  66 22 

hours  of,  s.  78 25 

method,   s.   85 26 

withdrawal  of  candidates,  ss.  31,  32 14 

majority  of  decides,  s.  60 21 

proclamation,  forwarded  to,  s.  25 12 


INDEX.  47 

Page. 

records  of,  disposition,  s.  98 29 

open  to  inspection,  s.  102 31 

prima   facie,   s.    101 31 

register  of  voters,  copies  sent  to,  s.  56 19 

changes  in,  how  made,  ss.  57,  58A 19,  20 

vacancies  in  membership  of,  s.  59 20,  21 

INSTEUCTION,  cards  of,  ss.  76,  81 24,  26 

LEGISLATOKS, 

who  may  sit  as,  s.  13,  Organic  Act 7 

disqualifications  of,  s.  16,  Organic  Act 8 

government  officers  may  not  be  elected,  s.  17,  Organic  Act...  8 
LEGISLATUEE, 

consists  of  two  houses,  s.  12,  Organic  Act 7 

disqualification,  for  membership,  s,  17,  Organic  Act 8 

of  members,  s.  16,  Organic  Act 8 

each  house  judge  of  qualifications  of  members,  s.  15,  Organic 

Act    7 

power  to  alter  election  districts  and  laws,  s.  65  et  seq 11 

apportion  senators  and  representatives,  s  65,  Org.  Act.  11 
create  town,  city  and  county  government,  s.  56.  Organic 

Act    8 

MISDEMEANORS,   s.   110 34 

penalty  for,  s.  Ill 35 

NATURALIZATION,  s.  100,  Organic  Act 5 

NAVY,  persons  in,  may  not  vote,  s.  63,  Organic  Act 7 

NOMINATIONS,  Territorial,  ss.  31   ,32 13,  14 

County,  s.  33,  County  Act 36 

City  and  County,  s.  44,  Municipal  Act 39 

NOTICE  OF  MEETINGS,  board  of  registration,  s.  39 15 

OATHS,  administered  by  inspectors  of  election,  s.  62 22 

before  boards  of  registration,  s.  44 44 

OFFENSES  against  election  laws 32 

OFFICERS,  gQvernment,  not  eligible  for  legislature,  s.  17,  Org.  Act.  8 

ORGANIC  ACT,  provisions  of 5-11 

PENALTY  for  election  frauds,  s.  109 34 

for  misdemeanors,  s.  Ill 35 

PERJURY,  what  is,  s.  49 18 

who  guilty  of,  s.  63 21 

POLLING  PLACES, 

compartments,  s.   65 22 

none  where  liquor  sold,  s.  64 22 

POLLS,  admission  within,  s.  79 25 

hours  open,  s.  78 25 

opened  how,  s.  81 26 

soldiers  at,  s.  80 25' 

PRECINCTS,  how  changed,  s.  65,  Organic  Act,  s.  106 11,  32 

PROCLAMATION, 

contents  of,   s.   26 12 

publication   of,    s,   27 12 

general,  governor  issues,  s.  25 12 

for  county  election,  s.  36,  County  Act 36 

for  city  and  county,  s.  47,  Municipal  Act 39 


48  INDEX. 

Page. 
QUALIFICATIONS, 

of  delegate,  s.  85,  Organic  Act 7 

of  representatives,  s.  40 11 

of  senators,  s.  34 10 

of  voters,  ss.  4,  60,  62,  Organic  Act,  s.  42 5,  6,  16 

EECOEDS,  of  election,  how  disposed  of. 

Territorial,   s.   98 29 

County,  s.  34,  County  Act 36 

City  and  County,  s.  45,  Municipal  Act 39 

of  boards  of  registration,  s.  101-2 31 

of  inspectors  of  election,  s.  101-2 31 

open  to  inspection,  s.  102 31 

EEFEESHMENTS,  cost  of,   s.  109 31 

EEGISTEE  of  voters,  defined,  s.  54 19 

adding  to  or  striking  from,  s.  55 19 

at    intermediate    elections,    s.    30 13 

changed,  when  ai^d  why,  ss.  57,  58A 19,  20 

changed  only  by  board,  s.  58 19 

copies   furnished  inspectors,   s.   56 19 

open   to   inspection,   s.   102 31  ■ 

posting   of,   s.   56 19 

EEGISTEEING, 

burden   of  proof,   s.   46 17 

examination  under  oath,   ss.   44-48 17,  18 

failure  to   register,  s.  58A 20 

personal  application,  s.  43 17 

place  of,  s.  42 16 

EEGISTEATION,  boards   of 16 

appointment,    s.    37 15 

applicant  before,  burden  of  proof,  s.  46 17 

applicants  and  witnesses  examined  under  oath,  s.  48 18 

appeal  from,  s.  50 * 18 

hearing,  s.  51 18 

decision^  ss.  51,  52 18 

cannot  register  except  on  personal  appearance,  s.  43 17 

change  of  register  by,  ss.  57,  58,  58A 19,  20 

contempt,  may  punish  for,  s.  40 16 

duties  of,  ss.  41-58A 16-20 

examination  of  applicant,  s.   44 17 

meetings   of,   ss.   38-39 15 

members,  pay  of,  s.  104 •. 31 

notice  of  meetings,  s.  39 15 

oaths  administered  by,  s.  40 16 

personal  appearance  before,  s.  43 17 

powers  of,  s.  40 If* 

records  of,  prima  facie  evidence,  s.  101 31 

open  to  inspection,   s.   102 31 

tenure  of,  s.  37 15 

EEPEESENTATIVE  DISTEICTS, 

boundaries  of,  s.  38,  Organic  Act 10 

legislature  may  alter,  s.  65,  Organic  Act H 


INDEX.  '  49* 

Page. 

BEPEESENTATIVES, 

apportionment  of,  s.  39,  Organic  Act 10 

ballots  for,  s.  72 23 

color  of  ballots,  s.  70 23 

districts,  s.  38,  Organic  Act 10 

number  in  house,  s.  35,  Organic  Act 10 

qualifications  of,  s.  40,  Organic  Act 11 

term  of  office,  s.  36,  Organic  Act 10 

vacancies  in  house,  s.  37,  Organic  Act 10 

voters  for,  s.  60,  Organic  Act 6 

voting  for,  methods,  s.  59,  Organic  Act 11 

KESTDENCE,  what  is,  s.  60,  Organic  Act 6 

SECRECY  of  ballot,  s.  87 27 

SECRETAEY  of  Hawaii, 

ballot  boxes  prepared  by,  s.  67 23 

ballots,  duties  respecting: 

forwards  to  inspectors,  ss.  74-77 24,  25 

destroyed  by,  after  election,  s.  98 30 

prints  and  distributes,  s.  74,  s.  85  Organic  Act 24,  7 

return  of  to,  par.  8,  s.  61,  s.  98 21,  29 

election  results  forwarded  to,  s.  98 29 

election  expenses,  statement  filed  with,  ss.  34,  35,  36 14,  15 

eligibility  of  candidates,  powers  as  to,  note  s.  15,  Org.  Act..       7 

instruction  card,  ss.  76,  81 24,  26 

nominations,  filed  with,  etc.,  ss.  31,  32 13,  14 

records  of  inspectors,  filed  with,  s.  98 29 

books    for,    furnished   by,    s.    103 31 

registration  board  records,  s.  41,  note  ss.  54,  103 16,  19,  31 

register,  records,  etc.,  open  to  inspection,  s.  102 31 

furnished  by,  s,  103 31 

returns  sent  by  sheriff  to,   s.  S9 30 

SENATE,  apportionment  of  members,  s.  33,  Organic  Act 9 

number  of  members,  s.  30,  Organic  Act 9 

vacancies  in,  s.  33,  Organic  Act 9 

SENATORIAL  DISTRICTS,  boundaries,  s.  32,  Organic  Act 9 

legislature  may  alter,  s.  65,  Organic  Act 11 

SENATORS, 

apportionment  of,  s.  33,  Organic  Act 9 

ballot    for,    s.    71 23 

color  of  ballots,  s.  70 23 

number  in  senate,  s.  30,  Organic  Act 9 

qualificatioi\s  of,  s.  34,  Organic  Act 10 

term  of  office,  s.  30,  Organic  Act 9 

vacancies  in  senate,  s.  31,  Organic  Act 9 

voters  for,  qualification  of,  s.  62,  Organic  Act 6 

voting  for,  method,  s.  61,  Organic  Act 9 

SHERIFF,  notifies  governor  of  tie  vote,  s.  29 13 

tabulates  results,    s.   99 30 

sends  certificates  of  election  to  secretary,  s.  99 30 

STATIONERY,  for  election,  how  furnished,  s.  103 31 

TIE  VOTE,   special   election    in    case   of,   s.    29,   s.    35   County   Act. 

s.  46  Municipal  Act 13^  36,  39 


50  INDEX, 

Page. 

VACANCIES,  how  filled, 

in  legislature,  s.  28 13 

in  senate,  s.  31,  Organic  Act 9 

delegate  to  congress,  s.  85,  Organic  Act 7 

in  house,  s.  37,  Organic  Act 10 

in  board  of  registration,  s,  37 15 

in  inspectors  of  election,  s.  59 20,  2  L 

VOTEES, 

army  and  navy  disqualified,  s.  03,  Organic  Act 7 

at  special  election,  ss.  42,  30 17,  13 

appeals  from  rulings  of  board  of  registration,  s.  50 18 

status  pending  appeal,  s.  53 18 

application  for  registration,  s.  43 17 

challenging,  on  registration,  s.  47 17 

disabled,  assisting,  s.  89 27 

disqualifications  of,  ss.  18,  63,  Organic  Act G,  7 

exempt,  from  arrest,  when,  s.  57,  Organic  Act § 

from  military  duty,  when,  s.  58,  Organic  Act 9 

failure  to  register,  s.  58 A 20 

must    register,    s.    42 16,  17 

qualifications  of,  ss.  4,  100,  60,  62,  Organic  Act 5,  6 

registration  of,  (see  Eegistration). 

residence  of,  s.  42 16,  17 

status  pending  appeal,  s.  53 18 

WITHDEAWAL,  of  candidates,  notice  of,  s.  32 14 


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